(i) The parent or person in parental relation makes a request to the department for an amendment to the individualized education program and the department and such parent or person in parental relation agree in writing; or
(ii) The department provides the parent or person in parental relation with a written proposal to amend a provision or provisions of the individualized education program that is conveyed in language understandable to the parent or person in parental relation in such parent's or such person's native language or other dominant mode of communication, informs and allows the parent or person in parental relation the opportunity to consult with the appropriate personnel or related service providers concerning the proposed changes and the parent or person in parental relation agrees in writing to such amendments.
(iii) If the parent or person in parental relation agrees to amend the individualized education program without a meeting, the parent or person in parental relation shall be provided prior written notice of the changes to the individualized education program resulting from such written document and the multidisciplinary team shall be notified of such changes. If the department makes such changes by rewriting the entire individualized education program, it shall provide the parent or person in parental relation with a copy of the rewritten individualized education program. If the department amends the individualized education program without rewriting the entire document, the department shall provide the parent or person in parental relation with a copy of the document that amends or modifies the individualized education program or, upon request of the parent or person in parental relation, a revised copy of the individualized education program with the amendments incorporated. Amendments to an individualized education program pursuant to this paragraph shall not affect the requirement that the multidisciplinary team review the individualized education program at the annual meeting, or more often if necessary. * NB Repealed June 30, 2021 3. The commissioner shall adopt regulations to prescribe the procedures for evaluation, placement and admission of children in accordance with this section, which shall include but not be limited to procedures to ensure that the due process rights of parents are protected and that placement recommendations are made in a timely manner.
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