October 10, 2011

The Texas Education Agency has recently clarified and expanded the use of Prior Written Notice (PWN) in Special Education

What should be included in the PWN? A description of the action proposed or refused by the agency An explanation of why the agency proposes or refuses to take the action A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action A statement that the parents of a child with a disability have protection under the procedural safeguards of this part 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 Sources for parents to contact assistance in understanding provisions of this part A description of other options that the IEP team considered and the reasons why those options were rejected A description of other factors that are relevant to the agency’s proposal

Other important information Make sure you understand the distinction between the ARD committee invitation and PWN. The invitation is not a PWN Must an LEA provide PWN regardless of whether the parent agrees or disagrees with the change Yes. An LEA must provide PWN regardless of whether the parent agrees or disagrees with the change

When to provide PWN School districts must provide a parent or an adult student with Prior Written Notice when it proposes or refuses to initiate or change the student’s identification, evaluation, placement, or how the student is provided a free appropriate public education (FAPE).

When to provide PWN School districts are also required to provide PWN to a parent or adult student before it ceases to provide special education and related services in response to the parent’s or adult student’s revocation of consent for the continued provision of services.

When to provide PWN In addition, a school district must provide PWN before implementing an Individualized Education Program (IEP) with which the parent or adult student agrees or disagrees.

District Procedures The Prior Written Notice form has been updated and is located on the Special Ed Manager If the parent does not waive the 5 days, then the school must wait 5 days before implementing the new IEP. PWN must be completed immediately after the ARD to ensure the IEP is implemented in a timely manner. If the parent waives the 5 days, the IEP may be implemented the following day and the ARD documents serve as the PWN

continuation… A copy of the PWN must be given to the parent and a copy must be filed in the Eligibility folder with the ARD document. If changes to the IEP affect more than one area, staff members need to work together to incorporate all information on one PWN.

Proposal or refusal to initiate or change something related to: YesNo Identification of Student ScreeningX Response to InterventionX Eligibility for Special EducationX Category of EligibilityX The following chart identifies when a Prior Written Notice is required

Proposal or refusal to initiate or change something related to:YesNo Evaluation of the Student Collection of new data for initial evaluation and reevaluationX Review of Existing Evaluation DataX Parent request for FIEX Parent request for IEE and district agreesX Parent requests IEE and district refusesX Refusal to EvaluateX

Educational Placement of the StudentYESNO Initial educational placement into special education. X Relocation of the special education program (placement is not the same as location) X Move to more restrictive environment X Move to less restrictive environment X Dismissal from Special Education X Graduation with regular diploma X Disciplinary removal for more than 10 consecutive school days X Disciplinary removal for not more than 10 school days X Relocation to DAEP for more that 10 days (provided after the manifestation review) X

Provision of FAPE to the Student YESNO Deletion or addition of instructional or related services X Increase or decrease in special education instructional services or related services X Refusal to increase or decrease an instructional or related service X Changes to the IEP(For inst. or related services) X Changes, additions, or deletions to classroom accommodations X Changes, additions, or deletions to classroom accommodations (For inst. or related services) X Changes, additions or deletions of annual goals and objectives X Changes, additions or deletions of annual goals and objectives (for inst or related services) X Change in how a student will participate in statewide assessment X Consideration of the 11 Autism Strategies X

How to get to the PWN on Sped Manager Select the Student

Select Notice of Decision

You can also find PWN on page 7 of the ARD Notice of Decision button will open the Notice of Decision form

Important things to remember If the parent is at the ARD, explain that if they agree with the recommendations and agree to waive the 5 days PWN the IEP can be implemented immediately. If they do not waive the 5 days then we have to wait 5 school days before implementing the IEP.* *if the parent comes back within those 5 days and does not agree with a decision made at the ARD, another ARD must be held Have the parent check either option and initial

If the parent is not at the ARD… …But present by telephone, parent can agree over the phone to waive the 5 day PWN and you can check the box on page 7 and write a note on it …but the parent gives permission to have the ARD without them, contact the parent and ask if they want the IEP to be implemented immediately. If so, check the box on page 7 and write a note on it. …and you did not get a hold of the parent before the ARD then PWN has to be issued. ****Note in the minutes how the PWN was waived or not waived

Questions?