PRIOR WRITTEN NOTICE

English | Español

PRIOR WRITTEN NOTICE

Authorities:  34 CFR Part 300; 19 TAC Chapter 89

 
 
 
  FEDERAL AND STATE REQUIREMENTS
Practice

The local educational agency (LEA) must comply with the PARENT and the ADULT STUDENT AND TRANSFER OF RIGHTS frameworks, as appropriate.
Practice
The LEA must comply with the CHILDREN WHO ARE INCARCERATED framework, as applicable.
Practice

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

WHEN PRIOR WRITTEN NOTICE IS REQUIRED
Document
The LEA must provide prior written notice to the parent before it: Citations:
89.1050(h)
300.503(a)
Practice
  • Proposes or refuses to initiate or change the identification of the child;
 Citations:
89.1050(h)
300.503(a)
Practice
  • Proposes or refuses to initiate or change the evaluation of the child;
 Citations:
89.1050(h)
300.503(a)
Practice
  • Proposes or refuses to initiate or change the educational placement of the child;
 Citations:
89.1050(h)
300.503(a)
Practice
  • Proposes or refuses to initiate or change the provision of a free appropriate public education to the child; or
 Citations:
89.1050(h)
300.503(a)
Practice
  • Ceases the provision of special education and related services due to the parent's revocation of CONSENT FOR SERVICES.
 Citations:
89.1050(h)
300.300(b)(4)(i)
 

TIMELINE AND MANNER
Document
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. Citations:
89.1050(h)
300.503(a)
Document
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: Citations:
89.1011(b)
300.503(a)
Document
Citations:
89.1011(b)(1)
300.504(a)(1)
Document
Citations:
89.1011(b)(2)
300.504(a)(1)
Document
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. Citations:
300.300(b)(4)(i)
Practice
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.   Citations:
89.1050(h)
300.503(c)(1)
Document
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. Citations:
300.503(c)(2)
Practice
A parent may elect to receive prior written notices by an electronic mail communication, if the LEA makes that option available. Citations:
300.505
 

REQUIRED CONTENTS
Practice

The LEA must include in its prior written notice:

 Citations:
300.503(b)
Document
  • A description of the action proposed or refused by the LEA;
 Citations:
300.503(b)(1)
Document
  • An explanation of why the LEA proposes or refuses to take the action;
 Citations:
300.503(b)(2)
Document
  • A description of each evaluation procedure, assessment, record, or report the LEA used as a basis for the proposed or refused action;
 Citations:
300.503(b)(3)
Document
  • 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;
 Citations:
300.503(b)(4)
Document
  • Sources for the parent to contact to obtain assistance in understanding the provisions of IDEA Part B;
 Citations:
300.503(b)(5)
Document
Citations:
300.503(b)(6)
Document
  • A description of other factors that are relevant to the LEA's proposal or refusal.
 Citations:
300.503(b)(7)
Document
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. Citations:
300.304(a)
  Last Updated : Wed, Apr 05, 2023