1. New York State Education Department (NYSED) Prior Written Notice (Notice of Recommendation)
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Slide 1: Introduction to Presentation 
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2. Notice of Recommendation
Prior Written Notice
Notice of Recommendation
Slide 2: Prior written notice - Title Slide 
Thank you for joining us for this presentation regarding prior written notice and the New York State Education Department’s (NYSED) prior written notice form. 
Prior written notice is also referred to as ‘Notice of Recommendation’.
Providing prior written notice is an important requirement for school districts to ensure parents are fully informed about actions the district proposes or refuses to take with regard to their child. Prior written notice also provides a parent with information about the reasons and the basis for those decisions.   .   

3. Background
One reason that NYSED has mandated the use of a State form is that prior written notice provided by school districts to parents has not always fully informed parents of the information they are entitled to have.
Slide 3: Background 
One reason that NYSED acted to mandate the use of a State developed form was the finding that prior written notice provided to parents did not always fully inform parents about the information they need and that, by law, they are entitled to have. 
By providing a required form that school districts must use, the prior written notice is more likely to be complete and provide parents with information they are entitled to know. In addition, the State form will assist school districts to meet federal and State compliance requirements.        

4. Regulatory Requirement
Prior written notices issued during the school year, and thereafter, must be on a form prescribed by the Commissioner.
Districts are encouraged to begin now to use the State’s model form prior to its mandatory use.
Slide 4: Regulatory Requirement  
The prior written notice form was issued in January 2010, as a model State-developed form.  Districts may, but are not required to use the State’s model form at this time. However, all prior written notices issued during the school year, which begins July 1, 2011, and thereafter must be on the form prescribed by the Commissioner of Education.
The prior written notice form may be used in its current Word format, or it may be converted to another format, including a computerized format.  However, it is important that both parents and districts understand that, once the State form is required for use, the form itself may not be modified to change its appearance or standardized content.   
School districts are encouraged to begin to use the form now.

5. NYSED Release of Prior Written Notice
January 2010 release memo and associated materials available at:
Attachment 1-Prior written notice form
Attachment 2-Directions to use form
Attachment 3-Information to assist school districts to complete the form
Attachment 4-Examples of information that might be included in a prior written notice
Attachment 5-Prior written notice Questions and Answers
Slide 5: NYSED Release of Prior Written Notice
On the NYSED website, there is a link to prior written notice. That link, provided on this slide, will bring you to an introductory policy memorandum about prior written notice. In addition there are 5 attachments, all related to the prior written notice form.
Attachment 1 - Model prior written notice form
Attachment 2 - Directions for using the form
Attachment 3 - Information to assist school districts to complete the form
Attachment 4 - Examples of information that might be included in a prior written notice, and
Attachment 5 - A Question and Answer document that provides important information relating to prior written notice.
To assist you in understanding this presentation, please print these documents from the website and have them in front of you as you view this presentation.

6. Prior Written Notice What is it?
Written statements from the school district that inform the parent about any recommendations relating to the:
identification,
evaluation,
educational placement of a student with a disability (or suspected of having a disability) or
the provision of a free appropriate public education (FAPE).
Slide 6: Prior Written Notice - What is it?
Prior written notice is a written statement from the district informing the parent about any recommendations relating to the:
identification,
evaluation,
educational placement of a student with a disability (or suspected of having a disability), or
the provision of a free appropriate public education (FAPE) to a student.
Some examples of proposed or refused district actions that require prior written notice are:
conducting an initial evaluation or reevaluation
determining eligibility
initiation of or changes to special education services
graduation of a student with a regular diploma or receipt of an IEP diploma
The intent of prior written notice is to ensure that parents clearly understand what is, or is not, recommended for their child and the basis or reasons for those recommendations.

7. Prior Written Notice When must a district provide it?
A reasonable time before the district proposes or refuses to initiate or change the
identification,
evaluation,
educational placement, or
the provision of FAPE to the student.
If an action proposed by the district requires parental consent, the district must give prior written notice at the same time it requests parent consent.
Slide 7: Prior Written Notice - When must a district provide it?
Prior written notice must be provided a reasonable time before the district proposes or refuses to take an action relating to the:
identification,
evaluation,
educational placement of the student, or
provision of a free appropriate public education to the student.
The determination of ‘a reasonable time’ to provide notice may differ in individual situations. In making those determinations, districts should consider factors such as the schedules of the student, the nature of the issue and extenuating circumstances in individual situations.
If an action requires parental consent (such as conducting an initial evaluation or providing special education services for the first time), prior written notice must be provided at the same time the district requests parent consent. This requirement ensures that the parent is fully informed about the recommendation for which the district is seeking consent.

8. Required Information Description of the action(s) proposed or refused
Explanation of why the action is proposed or refused
Description of each evaluation procedure, assessment, record, or report used as a basis for the proposed or refused action
Description of other options considered and the reasons why those options were rejected
Description of other factors that are relevant to the proposed or refused action
A statement about parent protections under Procedural Safeguards and means by which a copy can be obtained
Sources for parents to contact to obtain assistance
Additional information related to the subject of the Notice
Slide 8: Required Information
Prior written notice must inform the parent of what the district proposes or refuses to do, why that decision has been made, the information the decision was based on, what other options or factors influenced the decision and other information the parent is required to have. It also informs parents that they have due process, or legal rights, how they can get a copy of those rights and where they can get assistance in understanding the special education process.

9. Prior Written Notice Form
Slide 9: Prior Written Notice Form
This slide, and the following slide, have been included in this presentation to show you what the prior written notice form looks like. These two slides show the same form as found in Attachment 1, the prior written notice form itself, which is posted on the Department website (referenced in Slide 5 of this presentation).
The prior written notice form is in a letter format and includes:
identifying information including:
date of notice,
parent name and address, and
student’s name, date of birth and local identification # (if used by the district);
an introductory paragraph informing the parent or guardian of the purpose of the notice;
the subject of the notice; and
information required to be included in prior written notice (referenced in slide 9 of this presentation).
The form includes expandable text boxes where the district must add appropriate information.
It also includes several drop-down options for the subject of the notice and a text box for the district to enter any other subject not included in the drop-down list of options.
Districts should place the prior written notice on the school district’s letterhead.

10. Prior Written Notice Form (cont.)
Slide 10: Prior Written Notice Form
This slide shows the remainder of the prior written notice form including the closing paragraph, signature and any required enclosures which are provided as drop-down options.
A district should not leave any of the required prior written notice sections blank. Rather, it should indicate the reason it is not providing information in the text box (for example, if there are no other factors that are relevant to the proposed or refused action, the district should add a statement to that effect in this section of the form).

11. Identifying Information
Anytown Central School District
Prior Written Notice
(Notice of Recommendation)
Date: March 2, 2010
Mr. and Mrs. George Harrington     
55 Chestnut St.
Anytown, NY
Dear Parent(s) or Guardian of Barbara Harrington
Student’s DOB: 1/2/92     Local ID #: 12345   
The purpose of this notice is to inform you, in writing, of the school district’s recommendation regarding the identification, evaluation, educational placement and/or provision of special education services to your child.
Subject of the notice: Reevaluation
Slide 11: EXAMPLE: Identifying Information
This and the next several slides show examples of information that might appear in a prior written notice to the parent of a school-age student about a proposed reevaluation. All the information in these examples relate to the reevaluation.
This example provides identifying information for the student and parent and also explains to the parent the purpose and subject of the notice, in this case, a reevaluation.
Other examples of subjects about which prior written notice would be provided include: conducting an initial evaluation, making an initial eligibility determination or making a declassification recommendation. A more complete list of the subjects for which prior written notice must be provided is in Attachment 4. This list should not be construed to limit the subjects of a prior written notice. Districts should add additional subjects not included on the list as appropriate. Additionally districts may identify one or more subjects of the notice on the prior written notice, depending on the circumstances.

12. Description of the Action Proposed or Refused
The Committee proposes to conduct a three-year reevaluation of your child to determine the continued need for special education services and, if so, to develop an individualized education program (IEP) that describes the special education services your child will receive.
Slide 12: Description of Action Proposed or Refused
Every prior written notice must describe the action or actions the district is proposing or refusing to take.
This example explains to parents that the district proposes to conduct a reevaluation in order to determine if their child continues to need special education services and, if so, to develop an individualized education program (IEP) that describes the special education services the student will receive.

13. Explanation of Why the Action is Proposed or Refused
An individual evaluation of your child’s special education must be conducted at least once every three years to determine continuing eligibility for special education services and, as appropriate, the contents of the individualized education program (IEP). Barbara’s last individual evaluation was completed in May 2007.
Slide 13: Explanation of Why the Action is Proposed or Refused
Every prior written notice must explain why the district is proposing or refusing to take an action or actions.
This example explains that a reevaluation must be conducted at least once every three years and that the student’s evaluation was last conducted almost 3 years ago.

14. Description of Each Evaluation Procedure, Assessment, Record or Report used in the Decision to Propose or Refuse the Action
Summary report of May 2007 reevaluation
Functional behavioral assessment – April 2008
IEP for the school year and related progress reports
Classroom observations – May 2008, May 2009
The Committee reviewed the above existing evaluation information to determine what, if any new assessments need to be conducted as part of the reevaluation and these assessments were discussed with you in a telephone conversation on Feb. 2, 2010.
Slide 14: Description of Each Evaluation Procedure, Assessment, Record or Report used in the Decision to Propose or Refuse the Action
Prior written notice must inform the parent of each evaluation procedure, assessment, record or report used in the decision to propose or refuse the action.
This example informs the parent that the Committee reviewed existing evaluation information to determine if new assessments needed to be conducted as part of the reevaluation and that this information was discussed with the parent in a telephone conversation.

15. For an Initial or Reevaluation - Description of the Proposed Initial or Reevaluation and the Uses to be Made of the Information
Psychological assessment
Speech and language assessment
Classroom observation
A review of the Functional Behavioral Assessment conducted in April 2008 and progress reports on the implementation of the behavioral intervention plan
Information gathered as part of the reevaluation will assist the Committee in determining Barbara‘s individual needs, educational progress and achievement, ability to participate in instructional programs in general education and her continuing eligibility for special education services.
Slide 15: For an Initial or Reevaluation - Description of the Proposed Initial or Reevaluation and the Uses to be Made of the Information
Prior written notice must provide the parent with a description of the proposed initial or reevaluation and the uses to be made of the information.
This example informs the parent that by conducting the reevaluation, the Committee will have the information needed to determine the student’s individual needs, educational progress and achievement, ability to participate in instructional programs in general education and continuing eligibility for special education services.

16. Description of Any Other Options Considered and the Reasons Why Those Options Were Rejected
The group that reviewed existing evaluation information, in consultation with the parent, determined that a new functional behavioral assessment is not needed, but rather the Committee would consider the results of the functional behavioral assessment conducted in April 2008 in conjunction with progress reports from the behavioral intervention plan as part of the reevaluation.
Slide 16: Description of Any Other Options Considered and the Reasons Why Those Options Were Rejected
Prior written notice must provide the parent with a description of any other options considered and the reasons why those options were rejected.
This example indicates that the group of individuals that reviewed existing evaluation information, in consultation with the parent, determined that a new functional behavior assessment (FBA) was not necessary and a review of progress from the behavioral intervention plans could provide sufficient information for the reevaluation.

17. Description of Other Factors that are Relevant to the Proposed or Refused Action
None
Slide 17: Description of Other Factors that are Relevant to the Proposed or Refused Action
Prior written notice must provide the parent with a description of other factors that are relevant to the district’s proposed or refused action.
In this example, there are no other factors that are relevant to the proposed or refused action, and the district indicated that in the designated space on the notice.

18. Protection under the Procedural Safeguards of the Regulations of the Commissioner of Education
A copy of the Procedural Safeguards Notice may be obtained by contacting the school district at (123) and asking for Bob Smith.
Slide 18: Protection under the Procedural Safeguards of the Regulations of the Commissioner of Education
Parents have legal protection under federal and State law.
Prior written notice must inform parents of their procedural safeguards rights.
This example informs the parent that he or she should contact the district in order to obtain a copy of the Procedural Safeguards Notice.

19. Sources You May Contact to Obtain Assistance in Understanding the Special Education Process
Alyson Smith, Special Education Parent Center
(123)
Dr. Jones, Director of Special Education
(123)
Slide 19: Sources You May Contact to Obtain Assistance in Understanding the Special Education Process
Prior written notice must inform parents about sources of information that they may contact in order to get assistance in understanding the special education process.
In this example, the district provides the name and contact information for sources the parent may contact.

20. Additional Information Related to the Subject of the Notice
Your written consent to the proposed reevaluation is requested and a consent form is enclosed. You may also submit evaluation information which will be considered by the Committee as part of the reevaluation.
Slide 20: Additional Information Related to the Subject of the Notice
For certain prior written notices, a district must include additional information required by law and regulation that is not pre-printed on the State’s prior written notice form.
This example informs the parent that written consent is requested and that any evaluation information he or she submits will be considered by the Committee. In addition, it informs the parent that a parent consent form is enclosed with the prior written notice.

21. Additional Required Information and Enclosures
Depending on the subject of the prior written notice, law and regulations require that the parent be provided additional information beyond what the State has preprinted on the form.
The State has provided sample language to assist districts to meet these requirements and insert appropriate information on the prior written notice form for:
Additional information related to the subject of the notice
Enclosures
See:
Slide 21: Additional Required Information and Enclosures
Depending on the subject of prior written notice, a district must include, in the prior written notice form, additional information required by law and regulation to ensure parents are fully informed of the action(s) the district is proposing or refusing to take.
To assist districts to include the required information, the Department has provided sample language for each of the subjects of prior written notice that require additional information. This sample language is included in Attachment 3, which you should have already printed. A link to Attachment 3 is included on this slide.
A district may copy the additional required information provided in Attachment 3 and paste it into the box found on the form entitled Additional Information Related to the Subject of the Notice.
Not all subjects of prior written notice require additional information to be added to the form. Slide #25 lists the subjects of prior written notice that require additional information to be included in the form. If the subject of the notice does not require any additional information, the district would note this in the box entitled Additional Information Related to the Subject of the Notice.
A school district could add other information to this section of the prior written notice, in addition to the required information provided in Attachment 3.
In addition, for many subjects of prior written notice, certain information must be enclosed with the prior written notice that is provided to a parent. Attachment 3 also identifies information that must be enclosed with prior written notice for certain subjects. The prior written notice form provides drop-down options that allow a district to choose the appropriate enclosure as identified in Attachment 3.

22. Example: Initial Evaluation Preschool Student School-age Student
Statements:
Request for written consent;
Right to consent or to withhold consent;
Selection of a preschool program to conduct the evaluation of the child, evaluator list and procedures;
Parent right to submit evaluation information.
Enclosures:
Parent consent form;
Procedural Safeguards Notice;
List of approved evaluators;
Procedures to select an approved evaluator.
Statements:
Request for written consent;
Parent right to submit evaluation information.
Enclosures:
Parent consent form;
Procedural Safeguards Notice.
Slide 22: Initial Evaluation - Preschool Student
The additional information and enclosures noted in Attachment 3 may be different for prior written notice provided to the parent of a preschool child when compared to prior written notice provided to the parent of a school-age student, even if the subject of the notice is the same.
This slide provides an example of this difference.
As illustrated in this slide, prior written notice for an initial evaluation for a preschool child provides information not required in prior written notice for a school-age student. This information is bolded on this slide. Additional information in the preschool prior written notice informs the parent that:
the parent has the right to consent or to withhold consent for the initial evaluation;
the parent must select a preschool program to conduct the evaluation; and
a list of approved evaluation programs, and the procedures for selecting an evaluator, are enclosed with the notice,
In addition, a list of approved evaluators; and the procedures to select an approved evaluator must be enclosed with the notice to the parent of the preschool child but not with the notice to the parent of the school-age student.

23. Subjects of Prior Written Notice that Require Additional Information and/or Enclosures to be Included in Prior Written Notice
Initial evaluation
Reevaluation
Initial provision of services
Declassification recommendation
Graduation with local high school/Regents diploma
Receipt of IEP diploma
Slide 23: Subjects of Prior Written Notice that Require Additional Information and/or Enclosures to be Included in Prior Written Notice
This slide lists subjects of prior written notice that require additional information and/or specific enclosures. They include:
Initial evaluation
Reevaluation
Initial provision of services
Declassification recommendation
Graduation with local high school/Regents diploma
Receipt of IEP diploma

24. Closing Sincerely, Dr. Karen Jones
You have the right to address the Committee, either in person or in writing, on the appropriateness of the Committee’s recommendations. If you have any questions or would like to request a meeting to further discuss information contained in this notice, please contact Bob Smith at
Sincerely,
Dr. Karen Jones
Director of Special Education Services
Enclosure:
Parent consent form
Slide 24: Closing
The closing paragraph of each prior written notice:
informs parents that they can address the Committee, either in person or in writing, on the appropriateness of the Committee’s recommendations; and
provides district contact information in the event the parent has questions or would like to request a meeting to further discuss information contained in the notice.
In addition to the closing paragraph, the prior written notice form provides drop-down options that identify required enclosures, as appropriate.

25. Examples To view example Prior Written Notice forms:
Example 1- school-age reevaluation
training/example1.pdf
Example 2- preschool change in special education programs and services
training/example2.pdf
For additional questions and answers: training/QandA-nov10.htm
Slide 25: Examples
To view examples of completed prior written notices, please use the links on this slide.
Example 1 - school-age reevaluation
Example 2 - preschool change in special education programs and services
In addition to the questions and answers about prior written notice posted in January 2010, additional questions and answers are available at the link shown on this slide:

26. For Additional Technical Assistance
NYSED Special Education Quality Assurance Offices
NYSED Office of Special Education
Regional Special Education Technical Assistance Support Centers
For additional technical assistance, you may contact:
A Regional Associate at a Special Education Quality Assurance Regional Office (
The New York State Education Department’s Office of Special Education ( ); or
A specialist from the Regional Special Education Technical Assistance Support Centers (

27. SEFORMS@mail.nysed.gov Questions
Questions regarding the Prior Written Notice form may be sent to:
Responses to questions will be periodically posted at:
Questions regarding prior written notice, or the State’s model prior written notice form, may be directed to the address indicated on this slide.
The State Education Department will respond to questions received, as appropriate, by periodically posting Questions and Answers on our website.  

28. Meeting Notice and IEP Training
Links to training on Meeting Notice and the IEP form:
Meeting Notice: meetingnotice/training/home.html
IEP: training/home.html
To view other training presentations related to the State forms, use the links shown on this slide:
Meeting Notice:
IEP Form: