4.5.6 Prior Written Notice

A key procedural protection is that an LEA must provide Prior Written Notice to parents a reasonable time before the LEA initiates, changes, or refuses to initiate or change a student’s educational placement or the provision of FAPE to the student.1  In order for the notice to be sufficient, it 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 reminder that parents have legal rights to procedural safeguards.
5. Sources for parents to get a written copy of their legal rights.
6. A description of other options that the IEP team considered and the reasons why those options were rejected.
7. A description of any other factors that are relevant to the LEA’s proposal or refusal.2

The notice must be written in language understandable to the general public and in the native language or other mode of communication of the parent.3

• 120 U.S.C. § 1415(b)(3); 34 C.F.R. § 300.503(a); La. Bulletin 1706 § 504(A).
• 234 C.F.R. § 300.503(b); La. Bulletin 1706 § 504(B).
• 334 C.F.R. § 300.503(c); La. Bulletin 1706 § 504(C).