LEGAL FRAMEWORK
Prior Written Notice
When Prior Written Notice is Required (Students from age 3-21)
Cincinnati Public Schools(CPS) must provide prior written notice to the parent/guardian before it:
Proposes or refuses to initiate or change the identification of the child.
Proposes or refuses to initiate or change the evaluation of the child.
Proposes or refuses to initiate or change the educational placement of the Child
Proposes or refuses to initiate or change the provision of a free appropriate public education to the child; or
Ceases the provision of special education and related services due to the parent’s revocation of consent.
Requirement:
CPS must provide prior written notice regardless of whether the parent agrees to the change or requested the change.
In addition:
Prior written notice is the primary and preferred way of communicating any information to parents/family.
Timeline and Manner
CPS must provide the parent with prior written notice at least 5 school days before the proposed or refused action, unless the parent agrees to a shorter timeline.
If a parent requests an initial evaluation from CPS, the district must reply within 30 days and supply the parent with one of the following:
Prior written notice of its proposal to conduct an evaluation, a copy of Notice of Procedural Safeguards, and an opportunity to give consent (usually done by the school psychologist or speech pathologist).
Prior written notice of its refusal to conduct an evaluation and a copy of the Notice of Procedural Safeguards.
If the native language or other mode of communication of the parent is not a written language, CPS must take steps to ensure that the notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication so that the parent understands the content of the notice.
A parent may elect to receive prior written notices by an electronic mail communication.
Required Contents of the Prior Written Notice
CPS must include in its prior written notice:
A description of the action proposed or refused by the district;
An explanation of why CPS proposes or refuses to take the action:
A description of each evaluation procedure, assessment, record or report that is used as a basis for the action;
A statement that the parent has protection under the procedural safeguards of the Individuals with Disabilities Education Act (IDEA), part B, and a copy of Notice of Procedural Safeguards.
Sources for the parent to contact to obtain assistance in understanding the Prior Written Notice or respond to questions.
A description of other options that were considered and why they were rejected and any other factors that are relevant to the proposal or refusal.
If the district is proposing to conduct an evaluation, it must include in the prior written notice, the evaluation instruments it plans to utilize for the evaluation.
FORMS
PR-01
RESOURCES
ELL info?
Whose IDEA is This?
Hamilton County State Support Team, SST 13 (513) 674-4200
Ohio Operating Standards for the Education of Children with Disabilities (July 1, 2014)