When and how often does a school need to provide parents with PSN (procedural safeguards notice)?
The regulations that implement the IDEA require that a school provide parents with PSN at least once annually and at specific milestones: upon initial referral or parent request for an evaluation, upon receipt of the first state complaint or the first due process complaint in a school year, at the time of some disciplinary actions, and upon request by a parent. [34 C.F.R. § 300.504(a)]
When is a school required to provide parents with prior written notice (PWN)?
The regulations that implement the IDEA require a school to provide parents with written notice a reasonable time before the public agency proposes or refuses to initiate or change the identification, evaluation, educational placement of the child, or the provision of a FAPE to the child. [34 C.F.R. § 300.503(a)(1)-(2)] The U.S. Department of Education has stated, “We do not believe that it is necessary to substitute a specific timeline to clarify what is meant by the requirement that the notice be provided within a reasonable period of time. [34 C.F.R. Part 300, Analysis of Comments and Changes, Subpart D–Evaluations, Eligibility Determinations, IEPs, and Educational Placements, Federal Register, Vol. 71, No. 156, p. 46657 and 46658 (August 2006)] Arizona State Board of Education rules state that "prior written notice shall be provided to the parents of a child within a reasonable time after the PEA proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, educational placement or the provision of FAPE to the child, but before the decision is implemented." [A.A.C. R7-2-401(I)(2)]
What content does PWN have to include?
A PWN must include the following content: a description of the action proposed or refused by the school; an explanation of why the agency proposes or refuses to take an action; a description of each evaluation procedure, assessment, record, or report the school used as a basis for the proposed or refused action; a statement that the parents have protections under the procedural safeguards; sources for the parent to contact to get assistance in understanding the school’s decisions; a description of other options considered by the IEP team and the reasons these options were rejected; and a description of other factors relevant to the school’s decision. [34 C.F.R. § 300.503(b)(1) – (7)]
What does a meeting notice that invites parents to attend an IEP meeting have to contain?
The regulations that implement the IDEA require schools to notify parents that an IEP meeting will take place early enough to ensure they are afforded the opportunity to participate. [34 C.F.R. § 300.322(a)] This “meeting notice” must indicate the purpose, time, and location of the meeting, and who will be in attendance. [34 C.F.R. § 300.322(b)] According to the United States Department of Education/Office of Special Education Programs (OSEP), the notice may indicate only the positions of the individuals from the public agency who will attend, rather than the names of the individuals. [Letter to Livingston, 21 IDELR 1060 (OSEP 1994)]
Do schools have to give parents 10-days’ advance notice before scheduling an IEP meeting?
There is no such requirement in the Individuals with Disabilities Education Act (IDEA). The regulations that implement the IDEA state that a school “must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate.” Schools must notify “parents of the meeting early enough to ensure that they will have an opportunity to attend,” and schedule “the meeting at a mutually agreed time and place.” [34 C.F.R. § 300.322(a)(1)and(2)]
How much time does a school have to provide parents with prior written notice (PWN)?
The regulations that implement the IDEA require a school to provide parents with written notice “a reasonable time before the public agency proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education (FAPE) to the child.” [34 C.F.R. § 300.503(a)(1)-(2)] “We do not believe that it is necessary to substitute a specific timeline to clarify what is meant by the requirement that the notice be provided within a reasonable period of time. [34 C.F.R. Part 300, Analysis of Comments and Changes, Subpart D–Evaluation, Eligibility Determinations, IEP, Educational Placement, Federal Register, Vol. 71, No. 156, p. 46657 and 46658 (August 2006)] In a nutshell, schools have to provide PWN after the IEP team makes a decision but before that decision is implemented. [A.A.C R7-2-401(I)(2)] “Providing prior written notice in advance of meetings could suggest, in some circumstances, that the [school’s] proposal was improperly arrived at before the meeting and without parent input.” [Federal Register, p. 46691 (August 2006)]
Should schools provide parents with PWN before an IEP or multidisciplinary evaluation team (MET) meeting?
There is no such requirement. The regulations that implement the Individuals with Disabilities Education Act (IDEA) require a school to provide parents with written notice a reasonable time before the public agency proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education (FAPE) to the child.” [34 C.F.R. § 300.503(a)(1)-(2)] The U.S. Department of Education/Office of Special Education Programs has stated, “We do not believe that it is necessary to substitute a specific timeline to clarify what is meant by the requirement that the notice be provided within a reasonable period of time. [34 C.F.R. Part 300, Analysis of Comments and Changes, Subpart D–Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements. Federal Register, Vol. 71, No. 156 p. 46657 and 46658 (August 2006)] “Providing prior written notice in advance of meetings could suggest, in some circumstances, that the [school’s] proposal was improperly arrived at before the meeting and without parent input.” [34 C.F.R. Part 300, Analysis of Comments and Changes, Subpart E–Procedural Safeguards. Federal Register, Vol. 71, No. 156, p. 46691 (August 2006)]
