4.10 Prior Notice requirements

II. IEP NOTICE REQUIREMENTS AND PROCEDURAL SAFEGUARDS

Legal Citations

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 -

(1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child, or

(2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child. 34 C.F.R. § 300.503(a).

A parent must receive prior written notice a reasonable time before the district proposes or refuses to initiate or change the identification, evaluation, educational placement, or the provision of a free appropriate public education to a child with a disability. Minn. Stat. § 125A.091, subd. 2.

When a district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a pupil, or the provision of FAPE to the pupil, the district must serve prior written notice on the parent. The district must serve the notice on the parent within a reasonable, and in no case less than 14 calendar days before the proposed effective date of change or evaluation. If the notice only includes a refusal of a request, it must be served on the parent within 14 calendar days of the date the request was made.

The notice must meet the requirements of Minnesota Statutes, section 125A.091, subdivision 3 and 4. Minn. R. 3525.3600.

4.10.01 Contents for Prior Notice

Legal Citations

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 each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;

(4) 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;

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

(6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and

(7) A description of other factors that are relevant to the agency's proposal or refusal. 34 C.F.R. § 300.503(b)(1)-(7).

The notice under subdivision 2 must:

(1) describe the action the district proposes or refuses;

(2) explain why the district proposes or refuses to take the action;

(3) describe any other option the district considered and the reason why it rejected the option;

(4) describe each evaluation procedure, test, record, or report the district used as a basis for the proposed or refused action;

(5) describe any other factor affecting the proposal or refusal of the district to take the action;

(6) state that the parent of a child with a disability is protected by procedural safeguards and, if this notice is not an initial referral for evaluation, how a parent can get a description of the procedural safeguards; and

(7) identify where a parent can get help in understanding this law. Minn. Stat. § 125A.091, subd. 3.

(a) The written notice under subdivision 2 must be understandable to the general public and available in the parent's native language or by another communication form, unless it is clearly not feasible to do so.

(b) If the parent's native language or other communication form is not written, the district must take steps to ensure that:

(1) the notice is translated orally or by other means to the parent in the parent's native language or other communication form;

(2) the parent understands the notice; and

(3) written evidence indicates the requirements in subdivision 2 are met. Minn. Stat. § 125A.091, subd. 4.

The notice must also:

A. inform the parents that the school district will not proceed with the initial placement and provision of services as defined in part 3525.0210 without prior written consent of the pupil's parents. Minn. R. 3525.3600(A).

The notice must also:

B. inform the parents that except for the initial placement and provision of services, the district will proceed with the proposed placement and provision of services unless the parents object in writing on the enclosed response form or otherwise in writing within 14 calendar days after the receipt of the notice. Minn. R. 3525.3600(B).

The notice must also:

C. inform the parents that if they refuse to provide prior written consent for initial evaluation or initial placement or object in writing to any proposal, or if the district refuses to initiate or change the identification, evaluation, or educational placement or the provision of a free appropriate public education to the pupil, the parent may request a conciliation conference.

The district must provide the parents with a copy of the proposed individual educational program plan as described in part 3525.2810, subpart 1, item A, whenever the district proposes to initiate or change the content of the IEP. Minn. R. 3525.3600(C).