Transcript Arkansas Association of Special Education Administrators

Arkansas Association of Special
Education Administrators
June 24, 2013
Today’s topics…
Written Notices • Notice of Conference
• Prior Written Notice of Action
Let’s begin with…
Notice of Conference
Notice of Conference
Parents have the right to participate in meetings
related to the:
• Identification, evaluation, and educational
placement of their child; and
• The provision of FAPE to their child, including IEP
meetings.
Produced by NICHCY, 2007
Notice of Conference
Parents are members of:
•The group that determines whether their child is a
“child with a disability”
•The IEP Team of their child
•Any group that makes educational placement
decisions for their child.
Produced by NICHCY, 2007
Notice of Conference
It is the district’s responsibility to:
•Provide parents with appropriate notice of a meeting;
and
•Use other methods to ensure parent participation in
IEP meetings and placement meetings.
Produced by NICHCY, 2007
§300.322
Notice of Conference
Appropriate Notice of Meetings to Parents:
• Must be early enough to ensure parents have opportunity to
attend
• Must include the purpose, time, and location of the meeting
• Must include who will attend meeting
• Must tell parents they may invite individuals with knowledge
or special expertise about their child
• Must include certain early childhood transition information, if
appropriate
Produced by NICHCY, 2007
1
2
3
4
Insert Verbal Contact
Insert Written Contact
So…what’s changed?
What has been
removed?
What is new?
THE PUBLIC AGENCY PROPOSES OR
REFUSES TO INITIATE OR CHANGE…
* Required Participants
THE FOLLOWING INFORMATION WILL
BE REVIEWED AND DISCUSSED:
Fourteen days notice for
conferences is considered
reasonable
DESCRIPTION OF THE ACTION(s)
PROPOSED OR REFUSED:
Contact/Notification log
EXPLANATION OF WHY ACTIONS ARE
PROPOSED OR REFUSED:
DESCRIPTION OF ANY OTHER
OPTIONS CONSIDERED AND THE
REASON(s) THE OPTIONS WERE
REJECTED:
DESCRIPTION OF EVALUATION
COMPONENTS:
THE FOLLOWING ADDITIONAL
FACTORS ARE RELEVANT TO THE
ACTION PROPOSED:
Conference Notice Enclosure is no longer required!
And now…
The second form we will be discussing is the
Prior Written Notice of Action.
Purpose…
• The purpose of the Prior Written Notice of
Action is to inform; it is also the evidence of the
district’s offer of a Free Appropriate Public
Education (FAPE).
• Though the Notice form is not part of the IEP
form, it is an essential part of the IEP process.
9.04.1.1
Written notice that meets the requirements of
§9.04.2 of this part must be given to the parents of a
child with a disability a reasonable time before the
public agency:
9.04.1.1
A. Proposes to initiate or change the identification,
evaluation, or educational placement of the child or
the provision of FAPE to the child; or
B. Refuses to initiate or change the identification,
evaluation, or educational placement of the child or
the provision of FAPE to the child.
Seven days from the date Prior Written
Notice of Action is provided is considered
reasonable unless the parent agrees to
more immediate implementation of the
action being proposed.
9.04.2 Content of Notice
The notice required under § 9.04.1 of this part must
include •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;
1
1
2
3
9.04.2 Content of Notice
• 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 or refusal;
4
5
9.04.2 Content of Notice
• 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; and
• Sources for parents to contact to obtain assistance
in understanding the provisions of this part.
6
7
Signatures?????
9.04.3 Notice in understandable language
Written notice must be:
• Written in language understandable to
the general public
• Provided in native language of parent or
other mode of communication used by
parent*
* Unless it is clearly not
feasible to do so
9.04.3 Notice in understandable language
If the native language or other mode of communication
of the parent is not a written language, the public
agency must take steps to ensure –
•
That the notice is translated orally or by other
means to the parent in his or her native
language or other mode of communication;
•
That the parent understands the content of the
notice; and
•
That there is written evidence that the
requirements in §9.04.3.2A and B of this part
have been met.
* Unless it is clearly not
feasible to do so
What Circumstances Require Prior Written Notice of Action?
Identification
YES
NO
Screening
X
Teacher assistance team
X
Intervention strategies
X
Evaluation
Collection of new data for initial and
re-evaluation
X
Evaluation of progress on the annual
goals
X
Administration of statewide or schoolwide assessments
X
Independent Education Evaluation
X
Determination of Eligibility upon
completion of an initial evaluation or
re-evaluation
X
Eligibility Issues
X
Refusal to conduct an evaluation
X
What Circumstances Require Prior Written Notice of Action?
Educational Placement
Initial educational placement into
special education
YES
X
Relocation of the special education
program
X
Any change in educational placement
X
Termination of special education and
related services
X
Transfer of student to another school
or district
X
Graduation with a regular diploma
X
Disciplinary Removal for more than
ten consecutive school days
X
Disciplinary removal for not more than
10 school days
X
Disciplinary removal to an IAES for not X
more than 45 school days
A series of disciplinary removals that
constitute a pattern of removals
NO
X
What Circumstances Require Prior Written Notice of Action?
Provision of FAPE
YES
NO
Deletion or addition of a related
service
X
Change in annual goals on an existing
IEP
It depends. Did it
result in a
significant change
to the IEP?
It depends. Did it
result in a
significant change
to the IEP?
Significant increase or decrease in
special education services or related
services
X
Change in how a student will
participate in statewide and districtwide assessments
X
Refusal to increase or decrease a
related service
X
Identification/Initial Referral
Scenario #1
The teacher assistance team has been working with
Jane’s teacher to increase Jane’s academic
performance in the general education classroom.
There have been a variety of different interventions
implemented that have not been effective. Jane was
referred for an evaluation to determine if she has a
disability and the Local Education Agency (LEA)
plans to conduct an evaluation.
Identification/Initial Referral
Scenario #1
Thinking Questions
• Is Prior Written Notice of Action required for the
identification of a child with a possible disability?
• What is the next step?
Identification/Initial Referral, Parent Request
Scenario #2
As sometimes happens, a parent may wish to move
into the evaluation process more quickly than school
personnel. In this case, Jack’s parents have
requested that the school bypass an intervention
process and move ahead to do a special education
evaluation. Jack’s parents have submitted a written
request for this evaluation. The agency
representatives reviewed Jack’s current level of
performance with the appropriate personnel. The
team determined that a special education evaluation
was not warranted.
Identification/Initial Referral, Parent Request
Scenario #2
Thinking Questions
•
Why did the LEA decide not to evaluate Jack?
•
Is Prior Written Notice of Action required?
So…what’s changed?
Prior Written Notice of
Action always
replaces-
Prior Written Notice of
Action can be used in
place of-
Informed Consent
Separate Programming
Conference Decision
Form/Notice of Decision
Temporary Placement
Consent
Parent Consent for Initial
Placement
To heir
is human.
Dolores E. McGuire