Holdline / Rules we check / School special-education notice
IDEA prior written notice
School special-education notice
What federal rules say a idea prior written notice must contain, and how a parent can keep their services while they disagree.
Required parts of the notice
| Part | What the law says | Citation |
|---|---|---|
| What the school is doing A clear description of what the school wants to change, or is refusing to change. | “A description of the action proposed or refused by the agency” | 34 CFR 300.503(b)(1) ↗ |
| Why The school's reasons for the decision, not just the decision. | “An explanation of why the agency proposes or refuses to take the action” | 34 CFR 300.503(b)(2) ↗ |
| Tests and records used Each test, assessment, record, or report the decision was based on, named one by one. | “A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action” | 34 CFR 300.503(b)(3) ↗ |
| Your rights, and how to get a copy A statement that you have procedural safeguards (your legal rights), and how to get a copy of them. | “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” | 34 CFR 300.503(b)(4) ↗ |
| Who you can call for help Named people or organizations you can contact for help understanding your rights. | “Sources for parents to contact to obtain assistance in understanding the provisions of this part” | 34 CFR 300.503(b)(5) ↗ |
| Other options considered Other options the IEP team looked at, and why each one was rejected. | “A description of other options that the IEP Team considered and the reasons why those options were rejected” | 34 CFR 300.503(b)(6) ↗ |
| Other relevant factors Anything else that affected the decision, such as staffing, scheduling, or the child's other needs. | “A description of other factors that are relevant to the agency's proposal or refusal” | 34 CFR 300.503(b)(7) ↗ |
The deadline that keeps your services
34 CFR 300.518(a)
“the child involved in the complaint must remain in his or her current educational placement”
While a due process complaint is pending, the law keeps the child in the current placement, unless you and the school agree otherwise or an exception applies. Acting before the change takes effect is what keeps the current services in place.
Before this date, talk to your Parent Center or an advocate about filing a due process complaint.
Sources
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