Prior Written Notice
Prior Written Notice
a prior written notice?
Prior written notice
means written statements from the school district that inform the parent(s)
about recommendation(s) relating to the initiation or change in the
identification, evaluation, educational placement of the student or the
provision of a free appropriate public education (FAPE) to the student.
When must a school district provide the parent(s)
with prior written notice?
The school district must give the parent(s) prior written
notice a reasonable time before the district proposes to or refuses to initiate
or change the identification, evaluation, educational placement of the student
or the provision of FAPE to the student. If a proposed action by the school
district requires parental consent, the district must give prior notice at the
same time it requests the parent's consent.
Are there language
requirements of prior written notice ?
(34 CFR §300.503(c)1)
(8 NYCRR §200.5(a)(4)2)
The notice must be written in language understandable to the
general public and provided in the native language of the parent(s) or other
mode of communication used by the parent(s), unless it is clearly not feasible
to do so. If the native language or other mode of communication of the parent(s)
is not a written language, the school district must take steps to ensure that:
- the notice is translated orally or by other means to the
parent(s) in his or her native language or other mode of communication;
- the parent(s) understands the content of the notice; and
- there is written evidence that the above requirements
have been met.
information must be included in each prior written notice?
At a minimum, each prior written notice must include the
- description of the action(s) proposed or refused;
- explanation of why the action is proposed or refused;
- description of each evaluation procedure, assessment,
record, or report used as a basis for the proposed or refused action;
- description of other options considered and the reasons
why those options were rejected;
- description of other factors that are relevant to the
proposed or refused action;
- statement that the parent(s) of a student with a
disability has protection under the procedural safeguards of federal and
State law and, if the notice is not an initial referral for an evaluation,
the means by which a copy of the New York State Education Department (NYSED)
Procedural Safeguards Notice can be obtained; and
- sources for the parent(s) to contact to obtain assistance
in understanding the special education process.
The notice must also inform the parent(s) of their right to
address the Committee, either in person or in writing, on the appropriateness of
the Committee’s recommendations.
A district must, specific to the subject of the notice,
include additional information in the prior written notice to the parent and, in
some instances, attach or enclose other documents which must be provided to the
parent at the same time that the prior notice is given to the parent.
Additional information to include in the
- A description of the proposed evaluation or reevaluation
and the uses to be made of the information.
- A statement that the parent(s) may submit evaluation
information which, if submitted, must be considered by the Committee as part
of its evaluation or review.
- A request for written parental consent to the proposed
initial evaluation or reevaluation.
- Upon a determination that the evaluation will be based
solely on a review of existing evaluation information and that additional
data are not needed, a statement of that determination and the reasons for
it and of the right of the parent(s) to request an assessment to determine
the student’s eligibility for special education and educational needs.
In addition, for preschool students:
- A statement that the parent(s) has the right to consent
or to withhold consent to the initial provision of special education
services to a preschool student who has not been previously identified as
having a disability.
- A statement that in the event the parent(s) does not
provide written consent for the initial provision of special education
services, no further action will be taken by the Committee until such
consent is obtained.
- Inform the parent(s) that they must select a preschool
program to conduct the evaluation and reference the enclosed list containing
a description of each preschool program which has been approved by the
Commissioner to provide evaluations located within the county in which the
preschool student resides and adjoining counties, or, for students residing
in the City of New York, within the City of New York and adjoining counties,
and the procedures which the parent(s) must follow to select an available
program to conduct a timely evaluation of their child.
- Parent consent form to conduct an evaluation.
- For initial evaluations, a copy of the New York State
Procedural Safeguards Notice.
- For preschool students, a list containing a description
of each preschool program which has been approved by the Commissioner to
provide evaluations located within the county in which the preschool student
resides and adjoining counties, or, for students residing in the City of New
York, within the City of New York and adjoining counties, and the procedures
which the parent(s) must follow to select an available program to conduct a
The district must provide the parent(s) with a copy of the
NYSED’s Parent’s Guide to Special Education in New York State (or a locally
developed handbook) as soon as practicable after the student has been referred
for evaluation to the Committee. The handbook may, but is not required to be
provided to the parent(s) at the same time as prior written notice.
Initial provision of
special education services during the months of July and August
A statement that written consent of the parent(s) is required
prior to initial provision of special education services in a 12-month special
service and/or program.
Declassification of a
A statement identifying declassification support services, if
any, that will be provided to the student, and/or the student’s teacher(s), for
up to one year.