Prior Written Notice

What's Required:

Written notice must be given to the parents of a child with a disability a reasonable time before the public agency proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPEto the child. The written notice must contain required elements 34 CFR 300.503(a)

The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under 34 CFR 300.8(a)(1) must, after providing notice consistent with 34 CFR 300.503(a) and 34 CFR 300.504, obtain informed consent, consistent with 34 CFR 300.9, from the parent of the child before conducting the evaluation 34 CFR 300.300(a)(1)(i)

What We Do:

Provide prior written notice /notice of decision to the parent whenever the district proposes or refuses to initiate or change:

• The identification of a student
• The evaluation of a student
• The educational placement of a student
• The provision of a free appropriate public education (FAPE) for a student
• An ARD/IEP committee meeting as part of the invitation to the admission, review and dismissal (ARD/IEP) meeting, and/or
• An individualized education program (IEP) with which the parent or adult student disagrees.

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Provide at least 5 school days prior written notice:

• In the native language of the parents, unless it clearly is not feasible to do so
• By an electronic mail (e-mail) communication (if the parent elects this option), and
• Early enough to ensure that the parent will have an opportunity to attend in compliance with the parent participation framework. .

Prior written notice must include:

• A description of the action proposed or refused by the district
• An explanation of why the agency proposes or refuses to take action
• A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action
• A description of other options considered by the ARD/IEP Committee and the reasons why those options were rejected
• A description of other factors that are relevant to the district's proposal or refusal
• Sources for parents to contact to obtain assistance in understanding the provisions of IDEA Part B
• A statement that the parents of a child with a disability have protection under the procedural safeguards of this part
• How a copy of the procedural safeguards can be obtained if not an initial referral for evaluation.
• If proposing to conduct a full and individual evaluation, the prior written notice must also include a description of any evaluation procedures the district proposes to conduct.

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Parent Consent:

• The activities under the IDEA cannot take place unless the school obtains the parent’s consent
• The school must fully inform a parent of all the information needed to be able to make a decision including a description of the proposed activity.
• The information must be in the parent’s native language or other mode of communication.
• If there are records to be released, the school must list the records and to whom they will be released to.
• When a parent gives consent, it means that the parent understands and agrees in writing that the school will carry out the activity for which consent is sought. It is important that the parent understands that consent is voluntary and may be revoked at any time prior to the activity taking place.If a parent revokes consent for an activity, it is not retroactive.The school must maintain documentation of reasonable efforts to:
  • Obtain parental consent for initial evaluations (including detailed telephone records, copies of correspondence, and detailed records of visits made to the student’s home)
  • Provide special education and related services for the first time
  • Complete a reevaluation
  • Locate parents of wards of the state for initial evaluation.

Parent Consent is not required to:

• Review existing data as part of a student’s evaluation or reevaluation
• Give the student a test or other evaluation that is given to all students (unless parental consent is required for all students)
• For intrastate transfers, the student’s current or previous school district is not required to obtain parental consent before requesting or sending the student’s special education records.
  • If the student had an IEP that was in effect, the ARD/IEP Committee must provide the student with a Free Appropriate Public Education (FAPE).
    • This includes services comparable to those described in the previously held IEP in consultation with the parents until the appropriate personnel reviews the previous evaluation data and determines whether the student is a child with a disability in HCISD.
      • The school requests the records and the evaluation specialist reviews the records and determines if further evaluation is needed.
      • Evaluation personnel integrates the new evaluation data and other records into a written report, conducts a multidisciplinary team (MDT) meeting, and provides information to assist in the development of IEPs for presentation at the 30 day ARD/IEP committee meeting.
      • The evaluation specialist attends the 30 day ARD/IEP committee meeting.
  • If there are special requirements for instruction or related services, the ARD Facilitator or case manager immediately notifies the appropriate special education personnel. The student is placed in the least restrictive environment and the evaluation specialist for the school would be notified.

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Consent for Initial Evaluation

• The school may not evaluate a child for special education services without the parent’s consent.
• Informed parental consent means that the parent understands and agrees in writing to allow the school to test his/her child.
• If the parent does not consent to the initial evaluation, the school district may, but is not required to, ask for mediation or request a due process hearing to evaluate the child.
  • If the school district decides not to ask for mediation or to request a due process hearing to override a parent’s refusal to consent for evaluation of their child, the school district is not in violation of the Child Find requirements under the IDEA.

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Consent for the Initial Provision of Services

• Parental consent to initiate special education and related services must be separately obtained from the parent if it is determined that a child qualifies for special education and related services.
• The school must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services.
• Special education and related services will not be provided if a parent refuses consent.

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‍Consent for Reevaluation

• Once a student begins receiving special education and related services, reevaluations are required. The school must make reasonable efforts to obtain the parent’s consent for a reevaluation.
• If a parent fails to respond despite reasonable efforts, the school may conduct a reevaluation without the parent’s consent.
• If a parent refuses consent to reevaluate his/her child, the school district may, but is not required to, ask for mediation or request a due process hearing to override the parent’s lack of consent for reevaluation.
• The school district does not violate it’s Child Find obligation or it’s obligation to evaluate the child if the district does not ask for mediation or request a due process hearing.