Written Notice Prior to an Initial Case Conference Committee Meeting

After an initial educational evaluation is conducted, Article 7 requires that written notice be given to a parent or eligible student at least five (5) instructional days before a case conference committee meeting is held.  This initial case conference committee meeting is held to determine if the student is eligible for special education and related services.

The written notice given to the parent or eligible student five instructional days prior to the initial case conference committee meeting must give the parent or student:

1. A description and overall findings of each evaluation, procedure, assessment, record, or report the public agency used as a basis for any proposed action.
    
2. A description of action that may be proposed by the public agency; and
    
3. An explanation of why the public agency may propose an action.  

Written notice must be provided to the parent or eligible student with a disability when the public agency proposes:

1. To initiate the identification of a student as a student with a disability;
    
2. To change the identification of a student with a disability (i.e. change the disability label);
    
3. The initial placement of a student with a disability;
    
4. To change the placement of a student with a disability;
    
5. Provide a free appropriate public education (FAPE); or
    
6. Change the FAPE for a student.

The public agency must also provide written notice to the parent or eligible student with a disability when the public agency refuses:

1. To initiate the identification of a student as a student with a disability;
    
2. To change the identification of a student with a disability (i.e. change the disability label);
    
3. The initial placement of a student with a disability;
    
4. To change the placement of a student with a disability;
    
5. Provide a free appropriate public education (FAPE); or
    
6. Change the FAPE for a student.

The written notice may be provided to the parent or eligible student:

1. at the conclusion of the case conference committee meeting; or
    
2. may be mailed to the parent at a later date. If mailed, the written notice must be received by the parent no later than ten (10) business days after the date of the case conference committee meeting

Written Notice – Content

Written notice given to the parent or eligible student with a disability must contain seven (7) components.  Those components include:

1. A description of the action proposed or refused by the public agency
 
2. An explanation of why the public agency proposed or refused to take the action
 
3. A description of each evaluation, procedure, assessment, record, or report the agency used as a basis for the proposed or refused action
 
4. A description of other factors relevant to the public agency’s proposal or refusal.

5. A statement that the parent of a student with a disability has protection under the procedural safeguards and the means by which a copy of a description of the procedural safeguards can be obtained. The statement must also explain that after a public agency provides written notice regarding a proposed or refused action that is subsequent to the initial individualized education program, the parent may challenge the action proposed or refused by the public agency by doing any of the following:
 
A. Requesting a meeting with an official of the public agency who has the authority to facilitate the disagreement between the parent and the public agency;
 
B. Initiating mediation; or
 
C. Requesting a due process hearing
 
7. Sources for the parent to contact to obtain assistance in understanding the provision of special education and related services.  For information to assist parents see:
 
http://www.aboutspecialkids.org
http://www.insource.org 

IDEA 04 required that the U.S. Department of Education develop sample forms.  One of the sample forms developed was a form for Prior Written Notice
This sample form contains all of the required elements for written notice. Local education agencies (LEA) may use this format or may develop a format that is more preferable to the LEA.

After the public agency has provided written notice to the parent or eligible student, the public agency must obtain parent permission before the initial provision of special education and related services.  Consent must be obtained only for the initial provision of services.  Written notice may be given to the parent or eligible student at the same time that parental consent is requested.

The public agency must make reasonable efforts to obtain written parental consent for the initial provision of special education and related services. As part of meeting this requirement the public agency must document it efforts to obtain parental consent.  Documentation may include:

1. Detailed records of telephone calls made or attempted and the results of those calls;
    
2. copies of correspondence sent to the parent and any responses received; and
    
3. detailed records of visits made to the parent’s home or place of employment and the results of those visits.

If the parent or eligible student refuses to consent to (or fails to respond to a request for consent for) the initial provision of special education and related services, the public agency:

1.  may not initiate mediation or request a due process hearing n order to obtain an agreement or a ruling that the services may be provided to the student; and
 
2.  will not be considered to be in violation of the requirement to make available a free appropriate public education to the student.

After the public agency has obtained permission for the initial provision of special education and related services, it is not required to obtain consent for any subsequent occasion when written notice is required.  However, a parent or eligible student may challenge the action proposed or refused by the public agency.  This challenge may take the form of:

1. Requesting a meeting with an official of the public agency who has the authority to facilitate the disagreement between the parent and the public agency.
    
2. Initiating mediation.
    
3. Requesting a due process hearing.