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(6.38) If the district does not provide “prior written notice” of its IEP proposal and a parent disagrees with the proposal, does the district have to provide me that notice once I request due process?

(6.38) If the district does not provide “prior written notice” of its IEP proposal and a parent disagrees with the proposal, does the district have to provide me that notice once I request due process?

Yes. If the district has not provided prior written notice before you request due process, it must send you a response (within 10 days of getting a copy of your complaint) which includes all of the following:

  1. An explanation of why the district is doing or not doing whatever it is that created the problem;
  2. A description of other options the IEP team considered and why those were rejected;
  3. A description of each evaluation, procedure, test, report, etc. the district used as a basis for doing or not doing whatever it is that created the problem; and
  4. Other reasons for the district’s action or inaction.

Under these circumstances, the district does not have to file a separate response within ten days as described above.

[20 U.S.C. Sec. 1415(c)(2)(B)(i)(I); 34 C.F.R. Sec. 300.508(e); Cal. Ed. Code Sec. 56502(d)(2).]