Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-6 - SPECIAL PROGRAMS I › Section 6A-6.03311 - Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities

Current through Reg. 50, No. 138; July 16, 2024
Each public agency, including a school district, must
				  establish, maintain and implement procedural safeguards that meet the
				  requirements of this rule. A public agency means local educational agencies
				  (LEAs), educational services agencies (ESAs), nonprofit public charter schools
				  that are not otherwise included as LEAs or ESAs and are not a school of an LEA
				  or ESA, and any other political subdivisions of the State that are responsible
				  for providing education to children with disabilities.
(1) Prior written notice. The public agency,
				including a school district, shall provide parents with written notice a
				reasonable time before proposing or refusing to initiate or change the
				identification, evaluation, educational placement of the student or the
				provision of a free appropriate public education (FAPE) to the student. Prior
				notice may be provided at any meeting where such proposal or refusal is made.
				Graduation from high school with a regular diploma constitutes a change in
				placement, requiring prior written notice.
(a)
				The prior notice to the parents shall be written in language understandable to
				the general public and shall be provided in the native language or other mode
				of communication used by the parents, unless it is clearly not feasible to do
				so.
(b) If the parents' mode of
				communication is not a written language, the public agency, including a school
				district, shall ensure:
1. That the notice is
				translated orally or by other means to the parents in their native language or
				other mode of communication;
2.
				That the parents understand the content of the notice; and,
3. That there is written documentation that
				these requirements have been met.
(c) The notice to the parents shall include:
1. A description of the action proposed or
				refused by the public agency, including a school district;
2. An explanation of why the public agency,
				including a school district, proposes or refuses to take the action;
3. A description of each evaluation
				procedure, assessment, record, or report the public agency, including a school
				district, used as a basis for the proposed or refused action;
4. A statement that the parents of a student
				with a disability have protection under the procedural safeguards of this rule
				and, if this notice is not an initial referral for evaluation, the means by
				which a copy of a description of the procedural safeguards can be
				obtained;
5. Sources for parents to
				contact to obtain assistance in understanding the provisions of Rules
				6A-6.03011 -.0361,
				F.A.C.;
6. A description of other
				options that the individual education plan (IEP) team considered and the
				reasons why those options were rejected; and,
7. A description of other factors that are
				relevant to the public agency's, including a school district's, proposal or
				refusal.