Educational content from the office of Francisco J. Vizcarrondo. Free to read, without registration.
Under 34 C.F.R. §300.503, the agency must give written notice a reasonable time before proposing or refusing to initiate or change identification, evaluation, educational placement, or FAPE. Knowing only the decision’s outcome is insufficient.
What it must explain
- The proposed or refused action and why.
- Evaluations, records, and reports supporting it.
- Other options considered and reasons for rejecting them.
- Other relevant factors, procedural safeguards, and sources of help understanding them.
Understandable language
Notice must use language understandable to the public and the parents’ native language or other communication mode, unless clearly not feasible. For a language that is not written, the rule addresses translation or other means and evidence that the parents understood.
If a request was answered verbally, ask for notice explaining the decision. Missing notice does not automatically approve the request or determine the remedy.
The answer for your situation depends on the facts and records. An inquiry does not suspend legal deadlines or guarantee that the office will accept the case.
Reference sources
34 C.F.R. §300.503(a)–(c) · Notificación previa escrita / Prior written notice20 U.S.C. §1415 · Procedural safeguards34 C.F.R. §300.513(a)(2) · Violaciones procesales / Procedural violationsRules must be read in context. This explanation may require updating and individual review.