Page 10 - Procedural_Safeguards_PartCregs

THE RIGHT TO PRIOR WRITTEN NOTICE AND PROCE-
DURAL
SAFEGUARDS NOTICE

Prior written notice must be provided to you within a reasonable
time before a provider agency or service provider participating in
WVBTT proposes or refuses to initiate or change the identification,
evaluation, or placement of your child or the provision of early in-
tervention services to your child and your family. Neither a practi-
tioner providing early intervention services on an IFSP nor the
practitioner’s provider agency shall revise services or eligibility
without going through the IFSP team process.

The notice must be sufficiently detailed to inform you about:
• The action that is being proposed or refused;
• The reasons for taking the action; and
• All procedural safeguards that are available under WVBTT
including a description of mediation, how to file a state
complaint and a due process complaint and any timelines
under these procedures.

The notice must be:
• Written in language understandable to the general public
and provided in your primary (native) language or mode of
communication unless it is clearly not feasible to do so.
• If your primary (native) language, as defined above, or
other mode of communication used by you is not a written
language, the RAU or service coordinator participating in
the WVBTT shall take steps to ensure that:
 The notice is translated orally or by other means to
you in your primary language or other mode of com-
munication;
 You understand the notice; and
 There is written evidence that these requirements
have been met.

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