Prior Written Notice

1. Prior Written Notice October 14, 2014

2. Purpose of Written Notice • Provides a clear record for the student, parent, and school: • of the decisions that have been reached but not yet acted upon; • the basis for those decisions; • and the actions that will or will not be taken.

3. Purpose of Written Notice • For the parents: • Explains the public agency’s proposal or refusal to carry out an action or actions that affect their child. • Allows the parents time to seek resolution if they disagree with the district’s decision.

4. Purpose of Written Notice • For the district: • When drafted correctly, prior written notices can provide school districts with evidence of a school district’s procedural compliance and a team’s rationale in constructing the IEP and placement determinations.

5. Purpose of Written Notice • This document may be referred to in any number of circumstances, such as: • clarification and reminder to all parties of commitments made • subsequent meetings • dispute resolution situations

6. Timing of Prior Written Notice Afterthe decision is made, but Prior to implementing the action(s).

7. South Dakota Forms • SD Prior Written Notice Forms • Parental Prior Written Notice • Parental Prior Written Notice/Consent for Eval • Parental Prior Written Notice/Revocation • Meeting Notice is not considered a Prior Written Notice

8. When to Use Prior Written Notice A reasonable time before the LEA proposesto change: A reasonable time before the LEA refusesto change: IDENTIFICATION EVALUATION EDUCATIONAL PLACEMENT, or Provision of a FAPE to the child. IDENTIFICATION EVALUATION EDUCATIONAL PLACEMENT, or Provision of a FAPE to the child.

9. Question 1: Identification • The teacher assistance team (TAT) is working with Jane’s teacher to increase her academic performance in reading in the general education classroom. They have identified a variety of different interventions to be implemented. • Is a prior notice required?

10. Identification

11. Identification • Eligibility Determination • IEP Team proposes or refuses to: • Identify a child as eligible for special education services in one or more of the 14 disability categories, or • IEP Team determines that a child: • No longer meets eligibility criteria for one or more of the disability categories.

12. Question 2: Identification • Jack’s parents have requested that the school bypass the intervention process and conduct a special education evaluation. They submitted a written request for this evaluation. The agency representatives reviewed Jack’s current level of performance and the team determined that a special education evaluation was not warranted. • Is a prior written notice required?

13. Evaluation

14. Evaluation • The first step in the evaluation process is for the Multidisciplinary Team to review existing data. • Existing data should include: • information provided by the parents of the child; • current classroom-based assessments and performance in the general curriculum; • formal assessments such as state and district assessments and pre-referral interventions.

15. Question 3: Evaluation • Is a public agency responsible for sending a PWN before gathering existing evaluation data?

16. Evaluation • Purpose is to explain to the parents the decisions made about the evaluation. • What additional information is needed and why? • If pulling forward existing assessments why are the scores still representative. • If the parent wants additional assessments and the IEP Team disagrees, an explanation of the reason(s) they are refused. • Why is an evaluation not going to be completed?

17. Question 4: Educational Placement • Is a public agency responsible for providing a PWN when the special education program is being moved from one location to another?

18. Educational Placement

19. Provision of FAPE

20. Question 6: Educational Placement • For a student with a disability who graduates or who is no longer a student with a disability, is a public agency responsible for providing a PWN before such termination?

21. Provision of FAPE • IEP changes in a FAPE include: • Change in the measurable annual goal(s). • Change in the type, amount, or location of the special education and/or related services. • Change in accommodations, modifications, supplementary aids, supplementary services, supports, and/or assistive technology; and • Addition/removal of behavioral intervention plan. PWN is provided upon completion of the IEP.

22. When to Use Prior Written Notice When in doubt, complete a Prior Notice

23. Elements of Prior Written Notice • There are seven required elements outlined in IDEA • SD’s form contains all required components

24. Elements of Prior Written Notice • Description of the action proposed or refused by the district. • Explanation of why the district proposes or refuses to take the action.

25. Elements of Prior Written Notice • Description of other options that the IEP team considered and the reasons why those options were rejected. • Description of each evaluation procedure, assessment, record, or report the district used as a basis for the proposed or refused action.

26. Elements of Prior Written Notice • Description of other factors relevant to district’s proposal or refusal. • Date of implementation (considered part of proposal or refusal). • SD specific – five calendar day notice before action goes into effect or waiver of waiting period.

27. Elements of Prior Written Notice • Statement that the parents have protection under Part B's procedural safeguards • Sources for parents to contact to obtain assistance in understanding the provisions of Part B.

28. Understandable Language The notice must be written in language understandable to the general public; and Provided in the native language of the parents or other mode of communication used by the parent, unless it is clearly not feasible to do so.

29. Example • Description of the action proposed or refused by the district. • Change in educational placement from resource to self-contained

30. Example • Explanation of why the district proposes or refuses to take the action. • During the amendment meeting the team decided to change placement to a more restrictive environment until the behavioral data shows the student is ready to be in a less restrictive environment. The current placement of resource room is not fully meeting the student’s needs, the team decided a self-contained setting would better meet the behavioral needs.

31. Example • Description of other options that the IEP team considered and the reasons why those options were rejected. • The team considered continuing services in a resource classroom within the school setting, but the team agreed that due to emotional and behavioral needs that setting does not provide the level of interventions, and behavior management techniques necessary to meet his/her educational needs. The team also rejected a day or residential placement in order to try more intensive interventions in the self-contained setting.

32. Example: • Description of each evaluation procedure, assessment, record, or report the district used as a basis for the proposed or refused action. • The primary basis for this change of placement is disruptive and self-destructive behaviors, which have increased in frequency and intensity within the school setting over the past 3 months charted on data collection forms. The current setting has not been effective to implement the behavior interventions consistently.

33. Example: • Description of other factors relevant to district’s proposal or refusal. • The district will ensure the student continues to receive instruction in the general curriculum with the special education staff, who are highly qualified, and who will communicate with general education teachers to keep the student in the same units so there will be a smooth transition when behavior data indicates the student is ready for a less restrictive environment.

34. Example: • Description of other factors relevant to district’s proposal or refusal. • A teacher assistant will accompany the student any time the student leaves the self-contained classroom (lunch, bathroom, bus) due to increased behavior with increased number of peers present.

35. Example:

36. Document Multiple Decisions • One PWN can serve several purposes. It may document an eligibility decision, a FAPE decision, and an initial placement decision if all of the decisions occur within the same meeting. • Each of the actions, proposed or refused, should be outlined in all areas of the notice.

37. Document Multiple Decisions • The district proposes: • Changing an IEP annual goal • Increasing special education services and • Changing the educational placement from regular to resource.

38. Document Multiple Decisions • The district proposes: • Determining initial eligibility • Developing an initial IEP with goals and accommodations • Determining services • Determining the educational placement

39. Documenting Decisions • Take detailed notes of proposals and refusals during the discussion then completion of a compliant PWN will flow naturally and logically. • Notes should record the process that was followed and the IEP team’s rationale in reaching each conclusion. • Pay specific attention to what a parent said and how the school district responded.

40. Documenting Decisions • The prior written notice does not have to capture every word. • Must include and describe the facts of the meeting in a neutral tone • Should be void of emotional, judgmental, or speculative statements. • It should also avoid the use of acronyms, such as, IDEA, LRE, and IEE, without proper explanation.

41. Documenting Decisions • Leaving out required elements of the notice and/or not clearly articulating what your district proposes or refuses are top errors. Such mistakes are procedural violations under the IDEA and can lead to misunderstandings with parents. • LRP’s Special Ed Connection website.

42. Areas Out of Compliance • Documenting the disability category the student is eligible in but not why other categories considered were rejected. • Not documenting parent requests that the district refused. • Not clearly documenting evaluations to be pulled forward and new evaluations to be administered.

43. Resources Special Education Connections • http://doe.sd.gov/oess/sped.aspx SD IEP TA Guide (pgs 74-87) & Webinar on Prior Notice • http://doe.sd.gov/oess/sped_IEP.aspx Arizona Dept of Education Prior Notice Guidance • http://www.azed.gov/special-education/files/2011/06/priorwrittennoticecomments2.pdf Virginia Dept of Education Prior Notice Guidance • http://www.doe.virginia.gov/special_ed/regulations/state/procedural_safeguards/guidance_prior_written_notice_special_educ_process.pdf

44. Questions?

45. Next 2nd Tues. 3:30 Call • No call on Nov. 11 due to Veteran's Day • December 9: To be determined…