of the Individuals with Activities Disabilities Education Act Before any major activity to identify, (IDEA); locate, or evaluate children in need of Inform you on how to obtain a special education and related services description of the procedural (also known as the notice safeguards if the action that the “Child Find”), must be published or announced in school district is proposing or newspapers or other media, or both, with refusing is not an initial referral circulation adequate to notify parents for evaluation; throughout the State of these activities. Include resources for one to contact help in understanding Prior Written Notice Part B of the IDEA; Describe any other choices that §300.503 your IEP Committee child’s considered and why those Notice choices were rejected; and Unless you waive the timeline, written Provide a description of other notice must be given to you seven (7) calendar days before the school district: reasons as to why the school district proposed or refused the Proposes to initiate or change the identification, evaluation, or action. educational placement of your Notice in understandable language child, or the provision of a free The notice must be: appropriate public education Written in language (FAPE) to your child; or understandable to the general Refuses to initiate or to change public; and the identification, evaluation, or Provided in your native language educational placement of your or other mode of communication child, or the provision of FAPE one uses, unless it is clearly not to your child. feasible to do so. Content of Notice If native language or other mode one’s The written notice must: of communication is not a written Describe the action that the language, school district must one’s school district proposes or ensure that: refuses to take; The notice is translated for you Explain why the school district is orally or by other means in your proposing or refusing to take the native language or other mode of action; communication; Describe each evaluation One understands the content of procedure, assessment, record, or the notice; and report the school district used in There is written evidence that 1 deciding to propose or refuse the and 2 above have been met. action; Include a statement that you have Native Language rights under the procedural safeguards provisions in Part B
Activities Before any major activity to identify, locate, or evaluate children in need of special education and related services (also known as “Child Find”), the notice must be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the State of these activities. Prior Written Notice §300.503 Notice Unless you waive the timeline, written notice must be given to you seven (7) calendar days before the school district: Proposes to initiate or change the identification, evaluation, or educational placement of your child, or the provision of a free appropriate public education (FAPE) to your child; or Refuses to initiate or to change the identification, evaluation, or educational placement of your child, or the provision of FAPE to your child. Content of Notice The written notice must: Describe the action that the school district proposes or refuses to take; Explain why the school district is proposing or refusing to take the action; Describe each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action; Include a statement that you have rights under the procedural safeguards provisions in Part B of the Individuals with Disabilities Education Act (IDEA); Inform you on how to obtain a description of the procedural safeguards if the action that the school district is proposing or refusing is not an initial referral for evaluation; Include resources for one to contact help in understanding Part B of the IDEA; Describe any other choices that your child’s IEP Committee considered and why those choices were rejected; and Provide a description of other reasons as to why the school district proposed or refused the action. Notice in understandable language The notice must be: Written in language understandable to the general public; and Provided in your native language or other mode of communication one uses, unless it is clearly not feasible to do so. If one’s native language or other mode of communication is not a written language, one’s school district must ensure that: The notice is translated for you orally or by other means in your native language or other mode of communication; One understands the content of the notice; and There is written evidence that 1 and 2 above have been met. Native Language
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