Notice to Parent under IDEA

• Must be provided by school
• before any proposed changes in the IEP or refusal to initiate changes to the IEP occur (20 USC 1415(b)(3)) and
• include a description of what was proposed or refused
• an explanation of why
• a description of evaluations, records, reports that school used for the basis of its decision and
• a description of other options the PET considered
• 20 USC 1415(c)(1)(A) and (B) and (E)
• Notice of Due Process Rights
• must include the opportunity to mediate (20 USC 1415(b)(5), and
• to file a complaint (20 USC 1415(b)(6) within one year of violation or if requesting comp ed within 3 years of when complaint received (20 MRSA 7206(1) and
• procedures to file due process (20 USC 1415(b)(7))
• Procedural safeguards notice to parents (once per year or upon parent request)
• Must include parents have a right to
• Independent educational evaluation
• Prior written notice
• Parental consent
• Access to education records
• Opportunity to present complaint, including time limits, school’s opportunity to resolve disagreement and mediation
• Stay put
• Procedures of IAES
• Requirements for unilateral placements by parents at public expense
• Due process hearings
• Civil actions, including time periods
• Attorney’s fees
• 20 USC 1415(d)
• Emails:
• Notices may be provided by email if parent requests that and the school has email available to it (20 USC 1415(n))
• Language barriers
• Notice must be in native language of parents unless not feasible to do so (20 USC 1415(b)(4))