Prior Written Notice
When must a district provide it?

  • A reasonable time before the district proposes or refuses to initiate or change the

    • identification,

    • evaluation,

    • educational placement, or

    • the provision of FAPE to the student.

  • If an action proposed by the district requires parental consent, the district must give prior written notice at the same time it requests parent consent.

Speaker Notes:

Slide 7: Prior Written Notice - When must a district provide it?

Prior written notice must be provided a reasonable time before the district proposes or refuses to take an action relating to the:

  • identification,

  • evaluation,

  • educational placement of the student, or

  • provision of a free appropriate public education to the student.

The determination of ‘a reasonable time’ to provide notice may differ in individual situations. In making those determinations, districts should consider factors such as the schedules of the student, the nature of the issue and extenuating circumstances in individual situations.

If an action requires parental consent (such as conducting an initial evaluation or providing special education services for the first time), prior written notice must be provided at the same time the district requests parent consent. This requirement ensures that the parent is fully informed about the recommendation for which the district is seeking consent.