PRIOR WRITTEN NOTICE

 

S 1248

HR 1350

IDEA NOW

 

 

 

``(c) Notification Requirements._

``(1) Content of prior written notice._The prior written notice of the local educational agency required by subsection (b)(3) shall include_

``(A) a description of the action proposed or refused by the agency;

`(c) CONTENT OF PRIOR WRITTEN NOTICE- The notice required by subsection (b)(3) shall include--

`(1) a description of the action proposed or refused by the agency;

(c) CONTENT OF PRIOR WRITTEN NOTICE- The notice required by subsection (b)(3) shall include --

(1) a description of the action proposed or refused by the agency;

``(B) an explanation of why the agency proposes or refuses to take the action;

`(2) an explanation of why the agency proposes or refuses to take the action and a description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action;

(2) an explanation of why the agency proposes or refuses to take the action;

``(C) a description of any other options that the agency considered and the reasons why those options were rejected;

 

(3) a description of any other options that the agency considered and the reasons why those options were rejected;

``(D) a description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action;

 

(4) a description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action;

``(E) a description of any other factors that are relevant to the agency's proposal or refusal;

 

(5) a description of any other factors that are relevant to the agency's proposal or refusal;

``(F) 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; and

`(3) 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; and

(6) 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; and

``(G) sources for parents to contact to obtain assistance in understanding the provisions of this part.

`(4) sources for parents to contact to obtain assistance in understanding the provisions of this part.'.

(7) sources for parents to contact to obtain assistance in understanding the provisions of this part.

``(2) Due process complaint notice._

``(A) In general._The due process complaint notice required under subsection (b)(7)(A) shall be deemed to be sufficient unless the party receiving the notice notifies the hearing officer in writing that the party believes the notice has not met the requirements of that subsection.

``(B) Timing._The party sending a hearing officer notification under subparagraph (A) shall send the notification within 20 days of receiving the complaint.

``(C) Determination._Within 5 days of receipt of the notification provided under subparagraph (B), the hearing officer shall make a determination on the face of the notice of whether the notification meets the requirements of subsection (b)(7)(A).