Part 1
At every IEP meeting you attend, the District must offer you a copy of your Procedural Safeguards. Following is the first of the 4 key items in IEP Procedural Safeguards.
Prior Written Notice
Section 300.503 (a)
“Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—(1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or(2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child. “
What It Must Include
This notice MUST contain a description of the action the District either proposes to take, or refuses to take. It must also explain why. Additionally, District must list every evaluation, assessment, report, and/or record they used when making the decision to either propose or refuse an action.
The PWN must also tell you have you have protections under procedural safeguards provisions of Part B of IDEA. It will also direct you on how you can obtain a copy of those safeguards. Also, it must provide resources to provide help in understanding the safeguards.
The PWN must describe escribing other options the team considered and why the team rejected those options, the PWN must give details on why the school district either proposed or refused the action.
So What?
This can matter quite a lot. It is a key part of your documentation. If you have made a reasonable request and district denies it, sometimes asking for that denial in writing makes a district reconsider the “No!’ they gave you. Other times, it shows a pattern of behavior on the district’s part. If you are seeking additional time in inclusion, showing that you 1) have asked for it, and 2) the reasons why District has said “No” gives you a paper trail. This can be useful in future discussions with the District, or in the event you need to hire a special education attorney.
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