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Don't Take 'No' For an Answer

You have received a 'no' from the school after making a written request for an assessment or change to your child's IEP. Unless the 'no' is in a writing that looks like this, as provided by the U.S. Department of Education, keep reading.

Every time the school takes action or refuses to take action toward your child, you, as a parent, have the right to prior written notice. Under the Individuals with Disabilities Education Act (IDEA), the school must provide the parent with a written response of any refusal within 15 calendar days of your written request.

When are you entitled to 'prior written notice?'

The school must give prior written notice to parents when it either proposes to change, proposes to initiate, refuses to change, or refuses to initiate any evaluation, identification, placement, or provision of your child's free appropriate public education (FAPE). This encompasses your own requests upon the school.

What must the 'prior written notice' say?

As the above example shows, the 'no' must be qualified which means the school can't simply say, "We refuse to offer X." Notice must include the following:

· A description of the school's action (refusal or proposal)

· An explanation of why the school acts

· A description of each evaluation procedure, assessment, record, or report the school used as a basis for their decision

· A statement that the parents of a child with a disability have rights and how parents can get a copy of these rights

· Sources for parents to contact to understand their rights

· A description of other options the IEP Team considered and the reasons why rejected

· A description of other factors relevant to the school's proposal or refusal

Additionally, if the parent doesn't read English, then the notice must be in his or her native language.

Contact Our Office

If you have any questions about your child's special education services, Contact us by email or call us at 714-602-1498 or 866-781-7723 (toll free) for more information.

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Augustin Egelsee L.L.P.
8141 East Kaiser Boulevard
Suite 315
Anaheim Hills, CA 92808

Toll Free: 866-781-7723
Phone: 714-602-1498
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