The Legal Framework for the Child-Centered Special Education Process

 
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PRIOR WRITTEN NOTICE  
 
Authorities: 20 U.S.C. §§ 1414, 1415; 34 C.F.R. Part 300; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

P

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




P
For a child who is incarcerated, the LEA must comply with the INCARCERATED STUDENTS framework.


P

The LEA must comply with the CONSENT frameworks where applicable.




CONDITIONS WHEN REQUIRED


P

The LEA must provide prior written notice to the parent whenever it:

300.503(a)
300.504
1415(a)
1415(b)(3)


P
  • Proposes or refuses to initiate or change the identification of the child;
300.503(a)
1415(a)
1415(b)(3)


P
  • Proposes or refuses to initiate or change the evaluation of the child;
300.503(a)
1415(a)
1415(b)(3)


P
  • Proposes or refuses to initiate or change the educational placement of the child;
300.503(a)
1415(a)
1415(b)(3)


P
  • Proposes or refuses to initiate or change the provision of a free appropriate public education (FAPE) to the child;
300.503(a)
1415(a)
1415(b)(3)


P
  • Proposes to convene an ARD COMMITTEE MEETING as part of the invitation to the admission, review and dismissal (ARD) meeting; or
89.1045(a)


P
  • Implements an individualized education program (IEP) with which the parent or adult student disagrees, pursuant to REACHING CLOSURE AND CONSENSUS framework.
89.1050(h)(6)


TIMELINE AND MANNER




D
The LEA must provide at least five school days prior written notice: 89.1015


P
  • In the native language of the parents, unless it clearly is not feasible to do so;
300.503(c)(1)(ii)
1415(b)(4)


P
  • By an electronic mail (e-mail) communication, if the LEA makes such option available and the PARENT elects to receive notices required by IDEA Part B through e-mail; and
300.505
1415(n)


P

 

300.322(a)(1)


REQUIRED CONTENTS




P

The prior written notice must include:

300.503(b)
1415(c)(1)


D
  • A description of the action proposed or refused by the LEA;
300.503(b)(1)
1415(c)(1)(A)


D
  • An explanation of why the agency proposes or refuses to take the action;
300.503(b)(2)
1415(c)(1)(B)


D
  • A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
300.503(b)(3)
1415(c)(1)(B)


D
  • A description of other options considered by the ARD committee and the reasons why those options were rejected;
300.503(b)(6)
1415(c)(1)(E)


D
  • A description of other factors that are relevant to the agency's proposal or refusal;
300.503(b)(7)
1415(c)(1)(F)


D
  • Sources for parents to contact to obtain assistance in understanding the provisions of IDEA Part B;
300.503(b)(5)
1415(c)(1)(D)


D
  • A statement that the parents of a child with a disability have protection under the procedural safeguards of this part; and
300.503(b)(4)
1415(c)(1)(C)


D
  • The means by which a copy of a description of the procedural safeguards can be obtained if not an initial referral for evaluation.
300.503(b)(4)
1415(c)(1)(C)


ADDITIONAL CONTENT REQUIREMENTS FOR A PROPOSAL TO EVALUATE


P
If the LEA is proposing to conduct a FULL AND INDIVIDUAL EVALUATION, the prior written notice must also include: 300.304(a)
1414(b)(1)


D
  • A description of any evaluation procedures the LEA proposes to conduct.
300.304(a)
1414(b)(1)


ADDITIONAL CONTENT REQUIREMENTS FOR A PROPOSAL TO CONVENE AN ARD COMMITTEE MEETING




P

If the LEA is proposing to convene an ARD committee meeting, the prior written notice must also include:

300.322(b)(1)


D
  • Purpose, time, and location of the meeting;
300.322(b)(1)(i)


D
  • Who will be in attendance;
300.322(b)(1)(i)


D
  • Information relating to ARD COMMITTEE MEMBERSHIP of other individuals who have knowledge or special expertise about the child;
300.322(b)(1)(ii)


D
  • Information relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial ARD committee meeting for a child previously served under Part C of the Act; and
300.322(b)(1)(ii)


D
  • Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team:
300.322(b)(2)
89.1055(g)


D
    • That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with the TRANSITION SERVICES framework;
300.322(b)(2)(i)(A)


D
    • That the LEA will invite the student; and
300.322(b)(2)(i)(B)


D
    • Any other agency that will be invited to send a representative in accordance with the CONSENT frameworks.
300.322(b)(2)(ii)

 
 
Last Updated: Thursday, July 10, 2008
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