Should schools provide parents with PWN before an IEP or multidisciplinary evaluation team (MET) meeting?

Published: June 24th, 2016

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)]

|| »