Section 795.75  Notification of Modification

Parents or guardians of a student and the local school district shall be notified in writing at least 10 calendar days prior to the School's initiation of a modification or change in the identification, evaluation, instructional program, or educational placement of the student, or the inability to provide a free appropriate public education to the student.  An initial contact shall be by telephone with written notice to follow.

a)         The notice shall be provided in the native language of the parent or guardian or other mode of communication used by the parent or guardian.

b)         If the native language or other mode of communication of the parent or guardian is not a written language, the School shall ensure:

1)         that the notice is translated orally or by other means to the parent or guardian in his or her native language or other mode of communication;

2)         that the parent or guardian understands the content of the notice; and

3)         that there is written evidence on file that the requirements of this Section have been met.

c)         The notice shall contain:

1)         a description of the action proposed or refused by the School, an explanation of why the School proposes or refuses to take the action, and a description of any options that the School considered and the reasons why those options were rejected;

2)         a description of each evaluation procedure, test, record or report that the School uses as a basis for the proposal or refusal;

3)         the parents' or guardians' right to object to the proposed modifications and the specific procedures for making an objection, including the procedures for requesting an impartial due process hearing;

4)         a full explanation of all of the procedural safeguards available to the parents or guardians;

5)         a description of any other factors that are relevant to the School's proposal or refusal.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)