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(6.25) If the school district and I disagree about proposed changes to my child’s special education program, must the district give me some kind of notice before I file for a due process hearing?

(6.25) If the school district and I disagree about proposed changes to my child’s special education program, must the district give me some kind of notice before I file for a due process hearing?

An important first step to the due process procedures is adequate notice from the school district of exactly what the district is proposing or refusing to do and why. This is called a “prior written notice.” Any time a district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free, appropriate public education (FAPE), it must provide you with a written notification a “reasonable time” before it proposes or refuses:

  1. To change your child’s special education eligibility category (for example, learning disability) including a determination that he has no special education qualifying condition;
  2. To initiate or change an evaluation of your child;
  3. To change your child’s educational placement; and
  4. To change a component of your child’s IEP. 
    [34 C.F.R. Sec. 300.503(a).]