3.9 The Prior Written Notice

Prior Written Notice

IDEA requires prior written notice to parents whenever the LEA proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student (E.C. § 56500.4(a)). This notice creates a clear record of what, when, and why action is being proposed or denied and can avoid future factual disputes between the parents and the LEA. If written notice is not provided and a dispute leads to due process proceedings, it may be determined that the LEA denied the student a free and appropriate public education (FAPE) and must, therefore, provide such things as reimbursement to the parents for private services and attorney's fees.

Elements of the Written Notice

Legal mandates specify that the content of the written notice must include:

1. A description of the action proposed or refused;

2. An explanation of the why the LEA proposes or refuses to take the action;

3. A description of each assessment procedure, record, or report used as a basis for making the decision;

4. A description of other options the agency considered and why those options were rejected;

5. A description of other factors that are relevant to the decision; and

6. A statement of the availability of procedural safeguards and how to obtain a copy;

7. Sources for parents to contact to obtain assistance in understanding the provisions of the law. (E.C. §56500.4(b)(l)-(7))