PRIOR WRITTEN NOTICE

Los artículos de documentación indican los requerimientos que deben ser documentados en el proceso de educación especial. Pueden ser llenados en formas o por una declaración representativa en un diálogo por escrito.

Los artículos de práctica son requisitos, que deben de reflejarse en la práctica.

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(h)  Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—   
    (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or   
    (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(h)  Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—   
    (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or   
    (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(h)  Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—   
    (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or   
    (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(h)  Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—   
    (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or   
    (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(h)  Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—   
    (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or   
    (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(h)  Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.300  Parental consent.   

. . . 
(b) Parental consent for services.        
    . . .        
    (4) If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency—              
       (i) May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with §300.503 before ceasing the provision of special education and related services;              
        . . . 


Last Amended:  73 FR 73027, Dec. 1, 2008 
Entered:  December 8, 2008  

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(h)  Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—   
    (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or   
    (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.

. . . 
 (b)  If a parent submits a written request to a school district's director of special education services or to a district administrative employee for a full individual and initial evaluation of a student, the school district must, not later than the 15th school day after the date the district receives the request:
(1)  provide the parent with prior written notice of its proposal to conduct an evaluation consistent with 34 Code of Federal Regulations (CFR), §300.503; a copy of the procedural safeguards notice required by 34 CFR, §300.504; and an opportunity to give written consent for the evaluation; or
(2)  provide the parent with prior written notice of its refusal to conduct an evaluation consistent with 34 CFR, §300.503, and a copy of the procedural safeguards notice required by 34 CFR, §300.504. 
. . . 


Last Amended: March 14, 2021, 46 TexReg 1466
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—   
    (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or   
    (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.  

. . . 
 (b)  If a parent submits a written request to a school district's director of special education services or to a district administrative employee for a full individual and initial evaluation of a student, the school district must, not later than the 15th school day after the date the district receives the request:
(1)  provide the parent with prior written notice of its proposal to conduct an evaluation consistent with 34 Code of Federal Regulations (CFR), §300.503; a copy of the procedural safeguards notice required by 34 CFR, §300.504; and an opportunity to give written consent for the evaluation; or
. . . 


Last Amended:  March 14, 2021, 46 TexReg 1466
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.504  Procedural safeguards notice.   

(a) General. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, except that a copy also must be given to the parents—   
    (1) Upon initial referral or parent request for evaluation;   
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation. 

. . . 
 (b)  If a parent submits a written request to a school district's director of special education services or to a district administrative employee for a full individual and initial evaluation of a student, the school district must, not later than the 15th school day after the date the district receives the request:
. . . 
(2)  provide the parent with prior written notice of its refusal to conduct an evaluation consistent with 34 CFR, §300.503, and a copy of the procedural safeguards notice required by 34 CFR, §300.504. 
. . . 


Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

34 Code of Federal Regulations § 300.504  Procedural safeguards notice.   

(a) General. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, except that a copy also must be given to the parents—   
    (1) Upon initial referral or parent request for evaluation;   
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.300  Parental consent.   

. . . 
(b) Parental consent for services.        
    . . .        
    (4) If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency—              
       (i) May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with §300.503 before ceasing the provision of special education and related services;              
        . . . 


Last Amended:  73 FR 73027, Dec. 1, 2008 
Entered:  December 8, 2008  

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(h)  Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(c) Notice in understandable language. 
  (1) The notice required under paragraph (a) of this section must be—   
       (i) Written in language understandable to the general public; and   
       (ii) Provided 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.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(c) Notice in understandable language. 
. . . 
    (2) If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure—   
       (i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;   
       (ii) That the parent understands the content of the notice; and   
       (iii) That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met. 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.505  Electronic mail. 

A parent of a child with a disability may elect to receive notices required by §§300.503, 300.504, and 300.508 by an electronic mail communication, if the public agency makes that option available.


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009
SBS

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(b) Content of notice. The notice required under paragraph (a) of this section must include—   
    (1) A description of the action proposed or refused by the agency;   
    (2) An explanation of why the agency proposes or refuses to take the action;   
    (3) A description of each evaluation procedure, assessment, record, or report the agency 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, the means by which a copy of a description of the procedural safeguards can be obtained;   
    (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part;   
    (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and   
    (7) A description of other factors that are relevant to the agency’s proposal or refusal.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(b) Content of notice. The notice required under paragraph (a) of this section must include—   
    (1) A description of the action proposed or refused by the agency;   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(b) Content of notice. The notice required under paragraph (a) of this section must include—   
. . .    
    (2) An explanation of why the agency proposes or refuses to take the action;   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(b) Content of notice. The notice required under paragraph (a) of this section must include—   
. . .    
    (3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(b) Content of notice. The notice required under paragraph (a) of this section must include—   
. . .   
    (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, the means by which a copy of a description of the procedural safeguards can be obtained;   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(b) Content of notice. The notice required under paragraph (a) of this section must include—   
. . .  
    (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part;   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(b) Content of notice. The notice required under paragraph (a) of this section must include—   
. . . 
    (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(b) Content of notice. The notice required under paragraph (a) of this section must include—   
. . .   
    (7) A description of other factors that are relevant to the agency’s proposal or refusal.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.304  Evaluation procedures. 

(a) Notice. The public agency must provide notice to the parents of a child with a disability, in accordance with §300.503, that describes any evaluation procedures the agency proposes to conduct. 
. . . 


Last Amended:  71 FR 46785, Aug. 14, 2006
Entered:  June 8, 2009

OSEP Letter to Ferrara (February 29, 2012)

OSEP Letter to Lieberman (August 15, 2008)

OSEP Letter to Spitzer-Resnick, Swedeen, and Pugh (June 22, 2012)

OSEP Letter to McWilliams (July 16, 2015)

OSERS Questions and Answers on Individualized Education Programs (IEPs), Evaluations, and Reevaluations (September 2011)

OSEP Letter to Gerl (June 6, 2012)

OSEP Letter to Ward (August 31, 2010)

OSERS Dear Colleague Letter (December 5, 2014)

OSEP Letter to Chandler (April 26, 2012)

OSEP Letter to Atkins-Lieberman (August 5, 2010)

OSEP 16-07 Memorandum to State Directors of Special Education, Preschool/619 State Coordinators, Head Start Directors (April 29, 2016)

OSEP Letter to Anonymous (March 31, 2008)