General Information ( Prior Written Notice) Dixie R. Galvez (16085E Lancashire Dr. 33470. U.S.A Palm Beach ( Dixiergalvez@gmail.com)

 General Information: Prior Written Notice:

34 Code of Federal Regulations (CFR) Section 300.503 Notice.

Your school district must give you notice in writing whenever it:

1.) Proposes to initiate or to change the identification, evaluation, eligibility determination, or educational placement of your child, or the provision of a free appropriate public education (FAPE) to your child; or

2.) Refuses to initiate or to change the identification, evaluation, eligibility determination or educational 

placement of your child or the provision of FAPE to your Child.

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:Content of Notice:

The written notice Must:

1.) Describe the action that your school district proposes or refuses to take;

2.) Explain why your school district is proposing or refusing to take action;

3.) Describe each evaluation procedure, assessment, record, or report your school district used in deciding to propose or refuse the action;

4.) Include a statement that you have protections under the procedural safeguards provisions in Part B of the IDEA;

5.) Tell you how you can obtain a copy of a description of the procedural safeguards if the action that your school district is proposing or refusing is not an initial referral for evaluation;

6.) Include resources for you to contact for help in understanding Part B of the IDEA;

7.) Describe any other choices that your child individual educational plan (IEP) team considered and the reasons why those choices were rejected; and

8.) Provide a description of other reasons why your school district proposed or refused the action

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:Notice in Understanding Language:

The notice must be:

1.) Written in language understandable to the general public;and

2.) Provided in your native language or other mode of communication you use, unless it is clearly not feasible to do so.

If your native language or other mode of communication is not a written language, your school district must ensure that:

1.) The notice is translated for you orally by other means in your native language or other mode of communication;

2.) You understand the content of the notice; and

3.) There is written evidence that  1 and 2 have been met.

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:Native Language:

34 CFR section 300.29

Native language, when used with an individual who has limited English Proficiency, means the following:

1.) The language normally used by the person, or, in the case of a student, the language normally used by the students parents;

2.) In all direct contact with a student ( including evaluation of the student), The language normally used by the student in the home or learning environment.

For a person with deafness or blindness, or for a person with no written language, the mode of communication is what the person normally uses ( such as sign language,  Braille, or Oral Communication.

Electronic Mail;

34 CFR Section 300.505

If your school district offers parents the choice of receiving documents by email, you may choose to receive the following by email:

1.) Prior written notice;

2.) Procedural safeguards notice; and/or

3.) Notices related to a due process hearing request.

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Parental Consent - Definition:

34 CFR Section 300.9

Consent:

Consent Means:

1.) You have been fully informed in your native language or other mode of communication ( such as sign language, braille, or oral communication) of all information about the action for which you are giveng consent;

2.) You understand and agree in writing to that action, and the consent describes that action and lists the records (if any) that will be released and to whom; and

3.) You understand that the consent is voluntary on your part and you may withdraw your consent at any time.

:Your withdrawal of consent does not negate (undo) an action that has occurred after you gave your consent and before you and before you withdraw it.

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Parental Consent:

34 CFR section 300.300

Consent for initial Evaluation

Your school district cannot conduct an initial evaluation  of your child to determine whether your child is eligible under Part B of the IDEA to receive special education and related services without first providing you with prior written notice of the proposed action and without obtaining your consent as described under heading Parental Consent.

Your school district must make reasonable efforts to obtain your informed consent for an initial evaluation to decide whether your child is a child with a disability. Your consent for initial evaluation does not mean that you have also given your consent for the school district to start providing spacial education and related services to your child.

If your child is enrolled in public school, or you are seeking to enroll your child in a public school and you have refused to provide consent or failed to respond to a request to provide consent for an initial evaluation, your school district may, but is not require to, seek to conduct an initial evaluation of your child by using mediation or due process procedures. Your school district will not violate its obligation to locate, identify, and evaluate your child if it does not pursue an evaluation of your child in these circumstances.