2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3134. Contents of notice.

§ 3134. Contents of notice.
The notice under § 3133 of this title must include all of the following:
(1) A full explanation of all of the procedural safeguards available to the parents under state and federal law and regulations.
(2) A written description of the action proposed or refused by the district or agency, an explanation of why the district or agency proposes or refuses to take the action, and a description of any options the district or agency considered and the reasons why those options were rejected.
(3) A written description of each evaluation procedure, test, record or report the district or agency uses as a basis for the proposal or refusal.
(4) A written description of any other factors which are relevant to the district or agency's proposal or refusal.
(5) A written statement that the parents of a child with a disability have protection under the procedural safeguards of state and federal law and regulations and the means by which a copy of a description of the procedural safeguards can be obtained.
(6) Sources for parents to contact to obtain assistance in understanding the provisions of this subchapter, including specific contact information for existing parent assistance programs, legal assistance programs, and the Delaware State Bar Association.
(7) A separate questionnaire requesting the input of a child's parent and, where appropriate, a child, with respect to the child's progress to date and additional proposed steps that should be taken to adjust the child's goals, curriculum, services, aids, modifications, or other elements of the child's individualized education program (IEP). The questionnaire may be sent prior to the written notice of an IEP meeting or its equivalent and, if it is, does not need to be included in the notice under this section.
(8) A copy of the draft IEP accompanied by a letter clearly indicating to the parent and child that the document is a draft for discussion and subject to revision at the noticed meeting, if a draft IEP will be presented to a child or parent, or otherwise utilized at the IEP meeting for which notice is provided. If such a draft IEP is prepared subsequent to the notice required by this section but prior to the noticed meeting, it shall be provided to the parent and child prior to the noticed meeting, along with the explanatory letter required by this paragraph. Any draft document provided to a child or parent pursuant to this paragraph shall be clearly labeled on each page as a draft document for discussion purposes only. The Department in collaboration with the Governor's Advisory Council on Exceptional Citizens shall create a draft letter and associated guidance to assist the charter schools and school districts with the content and application of the above letter.
(9) A notice that a parent or child may request prior to an IEP meeting any data in the charter school's or school district's possession relevant to the child's needs or disability.
(10) A notice that a parent or child may request the presence of any teacher, paraprofessional, and any additional staff members of their choosing at an IEP meeting.
64 Del. Laws, c. 63, §  1;  77 Del. Laws, c. 424, §  26;  80 Del. Laws, c. 37, §  2;