§ 300.503 Prior notice by the public agency; content of notice.

Plain English summary

This section requires public agencies to provide written prior notice to parents of a child with a disability a reasonable time before proposing or refusing to initiate or change identification, evaluation, educational placement, or FAPE. The notice must contain specific content including a description of the proposed or refused action, the reasons for it, evaluation procedures used, procedural safeguard information, other options considered, and relevant factors. The notice must be written in understandable language and provided in the parent's native language or mode of communication, with written evidence of compliance when the native language is not written.

Key requirements

• Written notice must be given to the parents of a child with a disability a reasonable time before the public agency proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.
• Written notice must be given to the parents of a child with a disability a reasonable time before the public agency refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.
• The notice must include a description of the action proposed or refused by the agency.
• The notice must include an explanation of why the agency proposes or refuses to take the action.
• The notice must include a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action.
• The notice must include a statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained.
• The notice must include sources for parents to contact to obtain assistance in understanding the provisions of this part.
• The notice must include a description of other options that the IEP Team considered and the reasons why those options were rejected.
• The notice must include a description of other factors that are relevant to the agency's proposal or refusal.
• The notice must be written in language understandable to the general public.
• The notice must be provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
• If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure that the notice is translated orally or by other means to the parent in his or her native language or other mode of communication.
• If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure that the parent understands the content of the notice.
• If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure that there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met.

Affected parties

• public agencies
• parents of children with disabilities
• IEP Teams
• local educational agencies (LEAs)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.503