§1946.1. Parental consent; notice
A. Notwithstanding any provision of law to the contrary, a local education agency
shall provide ten days' notice to a student's parent or legal guardian before it can initially
provide a student with special education courses or related services in any setting.
B. If the individualized education program placement requires a reduction or removal
of any special education course or related service, the local education agency shall provide
ten days' notice to the student's parent or legal guardian before the change can be
implemented. In the event that the student's individualized education program is changed
for any reason, the local education agency shall provide ten days' notice to the parent or legal
guardian before the change can be implemented.
C. Notice as required by this Section shall be given through one of the following
forms of communication:
(1) By certified mail with return receipt requested.
(2) By electronic mail, if the parent or legal guardian provides an electronic mail
address.
(3) By text message, if the parent or legal guardian provides a mobile phone number
for the purpose of receiving text messages.
(4) Through an online portal or other application that provides for documentation of
the date of the delivery of the notice.
D. After receiving notice, a parent or legal guardian may have an individualized
education program team meeting postponed to a reasonable alternative date or time by
contacting the local education agency prior to a meeting that has been properly noticed.
E. Nothing in this Section shall prevent the local education agency or the parent or
legal guardian from seeking a resolution of a dispute related to an individualized education
program through a hearing process as promulgated by the State Board of Elementary and
Secondary Education in accordance with the Administrative Procedure Act.
Acts 2024, No. 512, §1, eff. June 10, 2024.