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PRIOR WRITTEN NOTICE:
A GOOD STRATEGY FOR SPECIAL EDUCATION
from
http://www.protectionandadvocacy-sc.org/
One easy and effective strategy available to parents who disagree with
a school about special education for their child is to request that
the school (or school district) notify the parents in writing of all
proposed changes in, or refusals to change, their child’s special
educational program. IDEA regulations (34 C.F.R. Sec. 300.503) require
a school to give parents written notice a reasonable time before it
acts regarding their child’s identification, evaluation or educational
placement. Though required, prior written notice is rarely given
unless parents request it.
Whenever a school proposes such a change, or refuses to make a change
that the parents want, parents should request, in writing, that the
school provide them with prior written notice. Likewise, when the IEP
team cannot agree on an issue pertaining to a student’s educational
program or IEP, the school must provide the parents prior written
notice of its proposals and/or refusals. The change cannot be made (or
refused) until a reasonable period after the parents are notified in
writing. Parents have the right to have disagreements resolved at a
due process hearing.
Prior written notice is important for several reasons. (1) It provides
detailed information that helps parents understand why there is a
disagreement. (2) It explains what information was considered prior to
the school’s decision and allows parents to decide if additional
information needs to be considered. (3) It serves as evidence if a due
process hearing is needed to resolve disputes. (4) It discourages bad
decisions and prejudice by requiring all reasons to be in writing.
The school’s prior written notice must include all of the following:
* A description of the action proposed or refused by the school;
* An explanation of why the school proposes or refuses to take the
action;
* A description of any other options that the school considered and
the reasons why those options were rejected;
* A description of each evaluation procedure, test, record, or report
the school used as a basis for the proposed or refused action;
* A description of any other factors that are relevant to the school’s
proposal or refusal;
* A statement that the parents are protected by procedural safeguards
under IDEA (that is, the school must follow certain procedures in
providing special education to their child) and how they can obtain a
description of the safeguards; and
* Sources where parents can obtain assistance in understanding the
prior written notice requirement.
* The notice must be understandable and in the language or mode of
communication used by the parent.
advocacy tip: If you think there may be disagreement at an IEP
meeting, take a letter like the one below with you so you can request
prior written notice on all points of disagreement at the end of the
meeting. Be sure to note your request on the IEP and attach a copy of
your letter to the IEP.
This information packet has been prepared based on the law at the
time it was written. Future changes in the law may make some
information incorrect. Please feel free to contact the Help Line for
updates. This fact sheet is not intended to be legal advice. P&A does
not discriminate on the basis of disability, race, gender, or national
origin in the provision of its programs or services. Pete Cantrell is
P&A’s designated coordinator for Sec. 504 of the Rehabilitation Act of
1973 and the Americans with Disabilities Act. MAY 2001, ED-21
sample letter
TO: [school or district representative present at meeting]
FROM: [your name]
DATE: [date]
RE: [your child’s name, child’s date of birth]
In response to the
following proposals or refusals made by your agency, I am hereby
requesting that you provide me with prior written notice in accordance
with the Individuals with Disabilities Education Act, 20 U.S.C. §
1415(b)(3), 34 C.F.R. § 300.503:
[List each matter or issue with which you disagree, being as specific
as possible]
[EXAMPLES: 1. refusal to place my child in special education
2. proposal to place my child in a self-contained classroom
3. refusal to use my child’s doctor’s report in determining placement
4. proposal to take my child out of special education
5. refusal to provide tutor]
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