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Frequently Asked Questions: Notice Of Action

Must parents sign a Notice of Action to waive the 10 days in order to begin earlier with the implementation of an amended IEP?

A parent’s signature documents their consent to initiate any change requiring prior written notice.  The district must wait 10 days to implement that change unless the parent waives the 10-day waiting period.  If the parent has agreed to such a change through the amendment process and a signature has not been obtained, the school district should document the date the agreement was obtained and implement the change immediately.

Is a Notice of Action needed for an annual IEP review if services and placement remain the same, but there are changes in modifications or accommodations?

No, based upon guidance from OSEP, changes in modifications and accommodations do not trigger a Notice of Action.

When completing a Notice of Action for ineligibility, do we check “proposed” or “refused”?

If using the State sample form for Notice of Action, it is appropriate to check “proposed” if you are also checking that the Notice is for “ineligibility for services,” since that is the action being proposed.  However, it may also be appropriate to check “refused” if the evaluation was triggered by a parent request for an evaluation for eligibility or IEP.  Most importantly, the body of the Notice should contain the required information and clearly communicate to the parent the action taking place.

If a student has already been placed in special education without signed parental consent, how can that problem be corrected?

This cannot be corrected retroactively because IDEA requires signed parental consent before a child receives special education services. You should, however, provide the parent with a Notice of Action for initial services, obtain consent and include this documentation in the child’s special education record.