Special Education

General Information

Prior Written Notice (Notice of Recommendation)
34 CFR section 300.503; 8 NYCRR section 200.5(a) and (c)
Notice

Your school district must give you written notice (provide you certain information in writing), whenever it:
1. proposes to initiate or to change the identification, evaluation, or educational placement of your child, or the provision of a free appropriate public education (FAPE) to your child; or
2. refuses to initiate or to change the identification, evaluation, or educational placement of your child or the provision of FAPE to your child.
If the prior written notice relates to an action by the school district that requires parental consent, the district will give notice at the same time they request such consent.
Content of notice
The written notice must:
1. describe the action that your school district proposes or refuses to take;
2. explain why your school district is proposing or refusing to take the action;
3. describe each evaluation procedure, assessment, record, or report your school district used in deciding to propose or refuse the action;
4. include a statement that you have protections under the procedural safeguards provisions in Part B of the Individuals with Disabilities Education Act (IDEA);
5. tell you how you can obtain a description of the procedural safeguards notice if the action that your school district is proposing or refusing is not an initial referral for evaluation;
6. include resources for you to contact for help in understanding Part B of IDEA;
7. describe any other choices that your child's Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE),considered and the reasons why those choices were rejected; and
8. provide a description of other reasons why your school district proposed or refused the action.