D.C. Mun. Regs. tit. 5-A, § 3032
Prior Written Notice
Effective Jul 1, 2022Published May 27, 202269 DCR 005902Authority: Sections 3(b)(8), 3(b)(9), 3(b)(10), 3(b)(11), and 3(b)(15) of the State Education Office Establishment Act of 2000, effective October 21, 2000, (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(8), (b)(9), (b)(10), (b)(11) and (b)(15) (2018 Repl.)); Sections 102(b) and 202(b) of the Enhanced Special Education Services Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-195; D.C. Official Code §§ 38-2614(a)(1) & (b) and 38-2561.02(a)(2018 Repl.)); Section 115 of the Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code § 38-2561.15) (2018 Repl.)); Mayor’s Order 2007-149, dated June 28, 2007; Part B and Part C of the Individuals with Disabilities Education Act, approved December 3, 2004 (Pub. L. 108-446; 118 Stat. 2647; 20 U.S.C. § 1400 et seq.) (“IDEA”) and regulations promulgated thereunder at 34 C.F.R. Parts 300 and 303; and Title I, Subpart A and Title III, Subpart A of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (Pub. L. 89-10, 79 Stat. 27), as amended by the Every Student Succeeds Act, approved December 10, 2015 (Pub. L. 114-95, 129 Stat. 1802; 20 U.S.C. §§ 6311-6339 and §§ 6811-6861) and Section 204(f) of the Equal Educational Opportunities Act of 1974, approved August 21, 1974 (Pub. L. 93-380; 88 Stat. 514; 20 U.S.C. § 1703(f)). Source: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).District of Columbia, Office of the Secretary
3032 PRIOR WRITTEN NOTICE
3032.1 The LEA shall provide written notice to the parent of a child with a disability a reasonable time before the LEA:
- (a) Proposes to initiate or change the identification, evaluation, educational placement, including the service location of the educational placement, or the provision of FAPE to the child; or
- (b) Refuses to initiate or change the identification, evaluation, educational placement, including the service location of the educational placement, or the provision of FAPE to the child.
3032.2 Prior written notice shall include the following:
- (a) A description of the action the LEA is proposing or refusing to take;
- (b) An explanation of why the LEA proposes or refuses to take the action;
- (c) A description of each evaluation procedure, assessment, record, or report the LEA used as a basis for the proposed or refused action;
- (d) A statement that the parent of a child with a disability has protection under the procedural safeguards of IDEA and this chapter 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;
- (e) Sources for the parent to contact to obtain assistance in understanding the provisions of IDEA and this chapter, including:
- (1) Parent Training and Information Center established pursuant to Section 671 of IDEA (20 U.S.C. § 1471);
- (2) Office of the Ombudsman for Public Education (D.C. Official Code § 38-351 et seq.); and
- (3) Office of the Student Advocate (D.C. Official Code § 38-371 et seq.);
- (f) A description of other options that the IEP Team considered and the reasons why those options were rejected; and
- (g) If applicable, a description of other factors relevant to the LEA's proposal or refusal.
3032.3 Prior written notice shall be:
(a) Written in language understandable to the general public;
(b) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so ; and
(c) If the native language or other mode of communication of the parent is not a written language, the LEA shall take steps to ensure all of the following:
(1) The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;
(2) The parent understands the content of the notice; and
(3) There is written evidence that the requirements of this subsection have been met.
SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).