Complying with Prior Written Notice Requirements

(applies to over all Special Education Process)

Whenever the district proposes an action regarding the identification, classification, evaluation,

educational placement of a referred student, a prior written notice must be sent to the parent. The

prior written notice states the proposed action so that the parents have the opportunity to consider

the proposed action before the action is implemented.

According to N.J.A.C 2.3(g), the prior written notice must include:

1. A description of the action proposed or denied by the district board of education;

2. An explanation of why it is taking such action;

3. A description of any options the district board of education considered and the reasons why

those options were rejected;

4. A description of the procedures, tests, records or reports and factors used by the district board

of education in determining whether to propose or deny an action;

5. A description of any other factors that are relevant to the proposal or refusal by the district

board of education;

6. A statement that the parents of a student with a disability have protection under the

procedural safeguards of this chapter, the means by which a copy of a description of the

procedural safeguards can be obtained and sources for parents to contact to obtain assistance

Department of Education which contains a full explanation of the procedural safeguards

available to parents shall be provided only one time per year, except that a copy shall also be

provided:

i. Upon referral for an initial evaluation;

ii. Upon request by a parent; and

iii. When a request for a due process hearing is submitted to the Department of

Education.