Prior Written Notice -- What is it?

Discussion in 'Special Ed 101 Archives' started by Sheila, Jul 23, 2003.

  1. Sheila

    Sheila Moderator

    From reedmartin.com
    https://web.archive.org/web/20050205142446/http://www.reedmartin.com/priorwrittennotice.htm

    Your Procedural Safeguard of

    PRIOR WRITTEN NOTICE

    Many have contacted us and stated they requested a service, modification, accommodation, etc., for their child at the last IEP meeting and were refused.


    If you were refused something, the school owes you your Procedural Safeguard of Prior Written Notice

    (prior to the school implementing the program)

    300.503 Prior notice by the public agency; content of notice

    (a) Notice.

    (1) Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—

    (i) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or
    (ii) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.

    (2) If the notice described under paragraph (a)(1) of this section relates to an action proposed by the public agency that also requires parental consent under §300.505, the agency may give notice at the same time it requests parent consent.

    (b) Content of notice. The notice required under paragraph (a) of this section must include—

    (1) A description of the action proposed or refused by the agency;
    (2) An explanation of why the agency proposes or refuses to take the action;

    (3) A description of any other options that the agency considered and the reasons why those options were rejected;

    (4) A description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action;

    (5) A description of any other factors that are relevant to the agency's proposal or refusal;

    (6) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part 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; and

    (7) Sources for parents to contact to obtain assistance in understanding the provisions of this part.

    (c) Notice in understandable language.

    (1) The notice required under paragraph (a) of this section must be—

    (i) Written in language understandable to the general public; and
    (ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

    (2) If the native language or other mode of communication of the parent is not a written language, the public agency shall take steps to ensure—


    (i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;
    (ii) That the parent understands the content of the notice; and

    (iii) That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met.

    (Authority: 20 U.S.C. 1415(b)(3), (4) and (c), 1414(b)(1))

    BE SURE YOU RECEIVE YOUR PROCEDURAL SAFEGUARDS REQUIRED BY LAW
     
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