Prior Written Notice

[Guest guest]

In a message dated 8/23/2000 8:42:43 PM Pacific Daylight Time,

Bonoratoe001@... writes:

<< I believe that they have ten days to schedule a new meeting. >>

My guess is if this is it's 10 days that school is in session (teachers are

there) So if school hasn't started and the teachers haven't come back to

school then the 10 days doesn't start until they come back to school. which

is what it sounds like the asst. principle said. To make sure check with

your state dept. of ed.

Joy

[Guest guest]

I believe that they have ten days to schedule a new meeting. That doesn't

mean they have to have the meeting then. They could well be stalling

because they know that you can refuse to accept a more restrictive

placement. The thing is...you have to file paperwork to that effect with

the school and sent certified mail with receipt requested and keep a signed

copy for yourself. The only way you can stop them from placing him there

though is to file due process and invoke the " stay put " clause (that is

unless the current Congress has managed to have that taken out of the law,

which they want to do). You must put that in writing too. Do you have

someone to go with you, Heike?

Elaine

Prior Written Notice

> My question here is what are the time guide lines for prior written

> notice. We wrote a letter to asst. principal for a prior written

> notice on the placement the school offered us ( 5 periods in a self

> contained classroom), which we do not agree with and gave our option

> of placement and school doesn't agree with. On the 16th I hand

> delivered that letter, today we received a letter from the assist.

> princp., stating that school personnel (assist. principal is at

> school) with be back the 28th of this month and then the people of

> the IEP team will be notified then to schedule another IEP in

> reference to our concerns. We also wrote that Natascha mastered half

> of her goals written by the teachers, and we need to reschedule and

> add and addendum to the IEP.school had a hard time adding words to

> their goals, didn't want to change their goals either, which

> reflected a moderate environment or expectation of what the label

> moderate mental retardation said.

>

> So my question is, what is the time frame, i think they stalling, and

> i think it is a complaint issue, but i am not sure.

>

> Heike

>

>

>

>

[Guest guest]

Subpart E-Procedural Safeguards[NL]Due Process Procedures for Parents and

Children

§300.503 Prior notice by the public agency; content of notice.

(a) Notice.

(1) Written notice that meets the requirements of paragraph ( of this

section must be given to the parents of a child with a disability a

reasonable time before the public agency-

(i) Proposes to initiate or change the identification, evaluation, or

educational placement of the child or the provision of FAPE to the child; or

(ii) Refuses to initiate or change the identification, evaluation, or

educational placement of the child or the provision of FAPE to the child.

(2) If the notice described under paragraph (a)(1) of this section relates

to an action proposed by the public agency that also requires parental

consent under §300.505, the agency may give notice at the same time it

requests parent consent.

( Content of notice. The notice required under paragraph (a) of this

section 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 any other options that the agency considered and the

reasons why those options were rejected;

(4) A description of each evaluation procedure, test, record, or report the

agency used as a basis for the proposed or refused action;

(5) A description of any other factors that are relevant to the agency's

proposal or refusal;

(6) A statement that the parents of a child with a disability have

protection under the procedural safeguards of this part and, if this notice

is not an initial referral for evaluation, the means by which a copy of a

description of the procedural safeguards can be obtained; and

(7) Sources for parents to contact to obtain assistance in understanding the

provisions of this part.

© Notice in understandable language.

(1) The notice required under paragraph (a) of this section must be-

(i) Written in language understandable to the general public; and

(ii) Provided in the native language of the parent or other mode of

communication used by the parent, unless it is clearly not feasible to do

so.

(2) If the native language or other mode of communication of the parent is

not a written language, the public agency shall take steps to ensure-

(i) That the notice is translated orally or by other means to the parent in

his or her native language or other mode of communication;

(ii) That the parent understands the content of the notice; and

(iii) That there is written evidence that the requirements in paragraphs

©(2)(i) and (ii) of this section have been met.

(Authority: 20 U.S.C. 1415((3), (4) and ©, 1414((1))

Analysis of Comments, Discussions and Changes from Attachment

1[NL][PARA]Comment: One commenter stated that §300.503((8) should be

removed, believing it to exceed the statute and because an explanation of

State complaint procedures is given in the procedural safeguards notice. The

commenter also believed it is inconsistent to inform parents about the State

complaint process without the other two (mediation and due process appeals)

being explained.[PARA]Several commenters asked for specific types of

organizations to be listed in §300.503((7), such as parent training

institutes. Another commenter wanted the title of §300.503 to be changed to

" Prior Notice by the Public Agency Before Implementing an IEP. " [PARA]Several

commenters asked that a note be added to explain when the notice needs to be

sent.[PARA]Requests were received to delete §300.503((6) and to insert the

phrase " unless it is clearly not feasible to do so " as stated in

§300.503©(ii) whenever language or mode of communication is addressed. It

was also suggested that a note be added that an LEA must document its

attempts at accessing resources to assist in translating or interpreting

information.[PARA]Discussion: Section 300.503((8) was proposed to enhance

the awareness of parents of low cost and less adversarial mechanisms for

resolving disputes with school districts. Therefore, it makes sense to

require State complaint procedures to be explained along with due process

and mediation rather than in this notice. Since §300.503((6) requires that

parents be advised of the existence of procedural safeguards and, if the

written notice is not part of an initial referral for an evaluation, be told

how a copy of the procedural safeguards notice can be obtained, it would be

useful and appropriate to add a specific requirement for an explanation of

the State complaint process in §300.504(. [PARA]Procedural safeguard

notices must be given to the parents, at a minimum, upon the four events set

forth at §300.504(a); between those events and the statement mandated at

§300.503((6), agencies should have ample instances in which they must

provide parents with effective notice of the various processes for

challenging proposed action. Therefore, §300.503((8) should be deleted and

moved to §300.504(.[PARA]The types of organizations which exist to help

parents understand IDEA are varied and depend on the particular State.

Therefore, a list of such organizations in the regulations would not be

feasible.[PARA]The regulation is already clear on when the prior written

notice must be given: a reasonable time before the public agency proposes or

refuses to initiate or change the child's identification, evaluation,

educational placement or provision of FAPE. If parental consent is required

for the proposed action, the notice may be given when parental consent is

requested. Further, the notice is required at times other than only before

implementing a child's IEP so the title should not be changed.[PARA]Section

300.503((6) is taken directly from the statute. In addition, it is

difficult to understand when it would not be feasible to add the statement

required by §300.503((6).[PARA]It is not necessary to add a note requiring

an agency to document its efforts to translate or interpret the notice

pursuant to §300.503©(2)(i) and (ii) since §300.503©(2)(iii) requires

that the agency can show that §300.503©(2)(i) and (ii) have been

met.[PARA]Changes: Section 300.503((8) has been deleted and moved to

§300.504(.

Re: Prior Written Notice

In a message dated 8/23/2000 8:42:43 PM Pacific Daylight Time,

Bonoratoe001@... writes:

<< I believe that they have ten days to schedule a new meeting. >>

My guess is if this is it's 10 days that school is in session (teachers are

there) So if school hasn't started and the teachers haven't come back to

school then the 10 days doesn't start until they come back to school. which

is what it sounds like the asst. principle said. To make sure check with

your state dept. of ed.

Joy

[Guest guest]

Angie,

The prior written notice should say something like " ...the action proposed

by the school division is proposed because of_________________. Other

considerations were_________________. " Similarly if something you propose

is refused by them it would say the same thing only it would say refused

instead of proposed. Look carefully at the IEP forms that you were given.

See if this language or wording is what they are talking about when they say

that it is in the IEP. If not, ask them when you can expect to receive it.

If you don't receive it or a reply, check with your state's department of

education. There should be an office of due process and complaints. You may

want to consider filing a complaint before you decide to go due process. You

may be able to download complaint forms and get the complaint started while

you are waiting for a reply from them.

My other question is, what if you don't sign the new IEP with the new

proposal? My understanding is that stay-put would apply here, unless the

school division wanted to take YOU to due process over it.

Good luck,

Jill