The prior written notice must contain all of the following:
- A full explanation of all procedural rights available to the student, including rights to pursue due process procedures and rights to confidentiality of information as provided in federal special education regulations;
- A description of the action proposed or refused by the district, an explanation of why the district proposes or refuses to take the action, and a description of any options the district considered and the reasons why those options were rejected;
- A description of each evaluation procedure, test, record, or report the district used as a basis for the proposed or refused action;
- A description of any other factors that are relevant to the district’s proposal or refusal; and
- A statement that the parents/guardians/other education rights holders have certain rights and how the parents/guardians/other education rights holders can obtain a written description of those rights.
- The notice must be written in language that is understandable to the general public and provided in the native language or other mode of communication of the parent/guardian/other education rights holder, unless it is clearly not feasible to do so.[1]
The information contained in a written notice is crucial to a parent/guardian/other education rights holder making intelligent and informed decisions. In Union School District v. B. Smith, 15 F.3d 1519, 1526 (9th Cir. 1994), a federal court of appeals ruled that notice provisions were not merely technical requirements but substantive rights, and precluded the district from arguing the appropriateness of a placement that had been verbally offered by the district and refused by the parents, but never officially offered in writing to the parents under the written notice requirements described above.
- 20 U.S.C. Sec. 1415(c); 34 C.F.R. Sec. 300.503(b) & (c).[↩]