Procedural Due Process under the Individuals with Disabilities Education Act (IDEA) Rights of the Parents Notifications: Required Content of Written Notice

Under the Individuals with Disabilities Education Act (IDEA), a written notice provided to parents must include specific content to ensure they are fully informed about the decisions regarding their child's education. This notice, known as Prior Written Notice, must be provided whenever a school proposes or refuses to initiate or change the identification, evaluation, educational placement, or the provision of Free Appropriate Public Education (FAPE) for a child. The required contents of this notice include:

1. Description of the Action: A detailed description of the action that the school proposes or refuses to take. This includes actions related to the child's identification, evaluation, educational placement, or the provision of special education and related services.

2. Explanation of Why the Action is Being Proposed or Refused: A clear explanation of the reasons for the proposed or refused action. This helps parents understand the rationale behind the school's decisions.

3. Description of Other Options Considered: A description of other options that were considered by the IEP team and the reasons why those options were rejected. This provides transparency and shows that multiple possibilities were evaluated.

4. Description of Evaluation Procedures, Assessments, Records, or Reports: A description of each evaluation procedure, assessment, record, or report the school used as a basis for the proposed or refused action. This information helps parents understand the data and evidence that informed the school's decision.

5. Statement of Procedural Safeguards: A statement informing parents of their rights and procedural safeguards under IDEA, including the right to disagree with the proposed actions and the procedures for resolving disputes. This statement should include information on how to obtain a copy of the procedural safeguards notice.

6. Sources for Assistance: Sources for parents to contact to obtain assistance in understanding the notice and their rights under IDEA. This can include contact information for advocacy groups, state education agencies, or other resources.

7. Language and Accessibility: The notice must be written in language understandable to the general public and provided in the native language or other mode of communication used by the parents, unless it is clearly not feasible to do so. If the parents' native language or other mode of communication is not a written language, the school must take steps to ensure that the notice is translated orally or by other means to the parents in their native language or mode of communication, and they understand the content of the notice.

These requirements ensure that parents are fully informed and can participate meaningfully in their child's education. The written notice provides transparency, informs parents of their rights, and supports collaborative decision-making between parents and schools.