Special Education Listserv

Subject: Notice of Action: When is a Notice Required under FAPE

Source: Heidi Atkins Lieberman, Assistant Commissioner

Intended Audience: Directors of Special Education, Special Education Coordinators, and Superintendents

Date: March 10, 2008

Numerous questions have been raised during recent monthly webinar sessions regarding the requirement to provide Notice of Action based on the provision of a free and appropriate public education (FAPE).

As mentioned in the Questions and Answers from the February webinar and during the March webinar, our short-term plan was to post a list of examples of situations requiring the provision of a Notice of Action to the parent based on provision of FAPE under an IEP and situations that do not require a Notice of Action when changes are made to the IEP.  That document has now been posted and can be accessed at http://www.dese.mo.gov/divspeced/documents/NOAQA.pdf.

If agencies responsible for IEP development have other examples they would like us to address, they may send these to me at heidi.atkinslieberman@dese.mo.gov. 

I will be submitting a written request to the U.S. Department of Education, Office of Special Education (OSEP) on the issues and include examples to ensure we are viewing this correctly.

Thanks for all you do for kids!