POLICY LETTER: April 26, 2012 to Family Soup Executive Director Cindy E. Chandler
April 26, 2012Cindy E. ChandlerExecutive DirectorFamily Soup1650 Sierra Avenue, Suite 106Yuba City, California 95993Dear Ms. Chandler:This is in response to your November 3, 2011 letter to Mr. Larry Ringer in the Office of Special Education Programs (OSEP) asking whether prior written notice is required when a school district proposes or refuses the provision of a free appropriate public education (FAPE) in an individualized education program (IEP) meeting, or when a child moves from elementary school to high school.Under 34 CFR 300.503(a), written notice that meets the requirements of 34 CFR 300.53(b) must be given to the parents of a child with a disability a reasonable time before the public agency: (1) proposes to initiate or change the identification, evaluation, or educational placement of the child, or the provision of FAPE to the child; or (2) refuses to initiate or changeSincerely,/s/ Melody MusgroveMelody Musgrove, Ed.D.DirectorOffice of Special Education Programscc: State Director of Special Educationes for the Education of Children with Disabilities and Preschool Grants for Children with Disabilities, Final Rule, Analysis of Comments and Changes, 71 Fed. Reg. 46540, 46691 (August 14, 2006). See Id., at 46588-46589.Page PAGE 2 Cindy E. Chandler
Letter regarding when an LEA must provide prior written notice to parents.