PRIOR WRITTEN NOTICE  
 
Authorities: 34 C.F.R. Part 300; 19 T.A.C. Chapter 89; OSEP Letter to Leiberman
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P

The local educational agency (LEA) must comply with the PARENT and the ADULT STUDENT frameworks, as appropriate.



P The LEA must comply with the INCARCERATION framework, as applicable.

P

The LEA must comply with the CONSENT frameworks, where applicable.



WHEN PRIOR WRITTEN NOTICE IS REQUIRED



D The LEA must provide prior written notice to the parent before it: 89.1050(h)
300.503(a)

P
  • Proposes or refuses to initiate or change the identification of the child;
89.1050(h)
300.503(a)

P
  • Proposes or refuses to initiate or change the evaluation of the child;
89.1050(h)
300.503(a)

P
  • Proposes or refuses to initiate or change the educational placement of the child;
89.1050(h)
300.503(a)

P
  • Proposes or refuses to initiate or change the provision of a free appropriate public education to the child; or
89.1050(h)
300.503(a)

P
  • Ceases the provision of special education and related services due to the parent's revocation of CONSENT FOR SERVICES.
89.1050(h)
300.300(b)(4)(i)

P The LEA must provide prior written notice regardless of whether the parent agreed to the change or requested the change. OSEP Letter to Lieberman

TIMELINE AND MANNER



D The LEA must provide the parent with prior written notice at least five school days before the LEA proposes or refuses the action, unless the parent agrees to a shorter timeframe. 89.1050(h)
300.503(a)

D If a parent submits a written request to the LEA's director of special education services or to an administrative employee for an initial evaluation, the LEA must, not later than the 15th school day after the date of receipt, provide the parent with: 89.1011(b)
300.503(a)

D 89.1011(b)(1)
300.504(a)(1)

D 89.1011(b)(2)
300.504(a)(1)

D If the prior written notice is in response to a parent's revocation of CONSENT FOR SERVICES, the LEA must provide prior written notice before ceasing the provision of special education and related services to the child. 300.300(b)(4)(i)

P The LEA must provide prior written notice in language understandable to the general public and in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.   89.1050(h)
300.503(c)(1)

D If the native language or other mode of communication of the parent is not a written language, the LEA 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 and that the parent understands the content of the notice. 300.503(c)(2)

P A parent may elect to receive prior written notices by an electronic mail communication, if the LEA makes that option available. 300.505

REQUIRED CONTENTS



P

The LEA must include in its prior written notice:

300.503(b)

D
  • A description of the action proposed or refused by the LEA;
300.503(b)(1)

D
  • An explanation of why the LEA proposes or refuses to take the action;
300.503(b)(2)

D
  • A description of each evaluation procedure, assessment, record, or report the LEA used as a basis for the proposed or refused action;
300.503(b)(3)

D
  • A statement that the parent has protection under the procedural safeguards of the Individuals with Disabilities Education Act (IDEA) Part B, and if the notice is not an initial referral for evaluation, the means by which a copy of the Notice of Procedural Safeguards can be obtained;
300.503(b)(4)

D
  • Sources for the parent to contact to obtain assistance in understanding the provisions of IDEA Part B;
300.503(b)(5)

D 300.503(b)(6)

D
  • A description of other factors that are relevant to the LEA's proposal or refusal.
300.503(b)(7)

D If the LEA is proposing to conduct an evaluation, it must also include in the prior written notice a description of any evaluation procedure it proposes to conduct. 300.304(a)

 
 
Last Updated: Wednesday, April 19, 2017