Prior Written Notice in special education law in Episode 52 of Transition Tuesday

Описание: If you’d like to receive our Episode 52 bonus PDF on prior written notice in special education law, click this link http://tensigma.org/episode52bonus

As special education teachers and administrators know, the purpose of prior written notice is to serve as a communication
piece between schools and families as well as documentation. Parent involvement is a key component of helping a student with special needs to succeed and get the most from their education.

Prior written notice provides parents with important information on whatever actions a school plans (or does not) plan to take regarding their child’s educational services.

Per IDEA 2004, “The school district must give a written notice to the parents of a child with a disability within a reasonable amount of time in order for the school district to (1) Propose to begin or change the identification, evaluation, or educational placement of a child or the provision of a free appropriate public education (FAPE); or (2) Refuse to begin or to change the identification, evaluation, or education placement of the child or the provision of (FAPE). The school district must provide the notice in understandable language. The required content for the written notice must include seven components”:

• A description of the action proposed or refused by the school district
• An explanation of why the school district proposes or refused 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 description of the other options that the IEP team considered and the reasons why those options were rejected
• A description of the other factors that are relevant to the agency’s proposal or refusal
• A statement that the parents of a child with a disability have protection under the procedural safeguards of this content and, if the notice is not an initial referral for evaluation, how the parents can obtain a copy of a description of the procedural safeguards
• Sources for parents to contact to obtain assistance in understanding the provisions of this content

Here are some examples (not a complete list) of when prior written notice is required:

• For evaluation and/or reevaluation including consent for evaluation/reevaluation, a student is found ineligible, refusal to evaluate, and refusal to provide an Independent Educational Evaluation
• For identification including initial categorical identification, change in categorical identification, and termination of categorical identification
• For placement in special education services including initial placement, changes in least restrictive environment (LRE), change in private placement, and parent requested refusal to change placement
• For provision of FAPE including after IEP addendum without a meeting, changes in services, changes in accommodations/modification, changes in transportation arrangements, and Termination of services
• Other items including refusal to convene IEP meeting after parent request, revocation of parental consent, and transfer of rights at the age of majority

Here are some examples (not a complete list) of when prior written notice is not required:

• Change in course schedule
• Child study activities
• Evaluating progress on annual goals
• Use of intervention strategies
• Change in classroom assignment or in teacher assignment
• Disciplinary removal for NOT more than 10 days, which does not constitute a pattern

Important note about Best Practice – When in doubt, ask your supervisor or district’s compliance monitor

As part of each episode of Transition Tuesday, we provide additional tips, teacher tools, and resources related to the topics we cover. This week, Ten Sigma is offering a pdf that includes more information on prior written notice from the Virginia Department of Education, the Arkansas Department of Education, the Center for Parent Information and Resources, and IDEA.ed.gov. You can access this pdf by clicking the link at the top of this description.

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We hope you enjoyed this episode and that you use this information on prior written notice to maintain compliance and increase communication with parents.