The prior written notice must be in writing.
It must include the following:
- A description of the proposed action
- An explanation of why the district is proposing or refusing to take action
- A description of any other options considered, why those options were rejected, and any evaluations, tests, or records used in the decision-making process.
The prior written notice must be provided to the parents at least five school days before the proposed action is taken unless the parents agree to a shorter timeline in writing.
Parents can provide written consent or withhold consent to the proposed action after receiving the prior written notice. If parents do not provide written consent, the school district may initiate a due process hearing to seek a determination that the proposed action is appropriate.
It is important for parents to carefully review and consider the prior written notice and consult with educational professionals or an attorney if they have any questions or concerns about the proposed action. The prior written notice is intended to ensure that parents are fully informed about their child’s education and have the opportunity to provide input into the decision-making process.
Prior written notice must include the following information:
(1) A description of the action proposed or refused by the school;
(2) An explanation of why the school proposes or refuses to take action;
(3) A description of each evaluation procedure, assessment, record, or report the school 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, how a copy of a description of the procedural safeguards can be obtained;
(5) Sources for parents to contact to obtain assistance in understanding special education requirements;
(6) A description of other options that the ARD committee considered and the reasons why those options were rejected; and
(7) A description of other factors relevant to the school’s proposal or refusal.