Understanding Your Prior Written Notice

People often confuse two notices they receive for IEPs. Both notices are described in the new IDEA Part 300, Subpart C--Services.

One notice, is the Notice of Meeting, which by law must be sent to you "early enough to ensure that they "(parents)" will have an opportunity to schedule and attend the meeting at a mutually agreeable time and place." It is found at Sec.300.345 Parent participation.

This notice is supposed to list all the people who will attend the meeting. Some districts might still say it is only an "invitation" to the meeting and those people do not all have to be there. (If parents are concerned that all team members must be present in order to address all needs as a team, they might notify the district far in advance of this need. Then the district can arrange such a team meeting.) IDEA says the parents will be informed of "who will be in attendance." You also have the right to ask for persons of your choice to attend the meeting.

The second notice is written after an IEP meeting and describes all special services for the child. This document is called Prior Notice. This is not a new document, but many people, including professionals seem to not be aware of its role in the IEP process. It is found at Part 300, Subpart C--Services at 300.503. The document should include the information described below:

• You must receive Prior Notice before any change in placement takes effect. It must include all services and placements. It should include a list of all suggestions put on the table for consideration, whether each idea was accepted or rejected, and the rationale for acceptation or rejection. This requirement encourages effective communication and offers an excellent way to document the disposition of each item.
• If your district is not used to keeping such a Prior Notice format, you might ask them if they will do so. If they choose not to do so, you might want to keep such a record yourself during the meeting. At the end of the meeting, you could request that it be attached to the IEP as part of your official input into the minutes of the meeting. It then becomes part of the IEP. This written record clarifies each item discussed and its eventual disposition. While it is informal documentation, it serves as a powerful tool in seeing that all proposals are considered and their disposition is noted in writing.

Take a look at my sample form.

Here's a good site for further understanding and clarification of the Special Education laws and your right's as a parent.

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