Transcript PR01 Training - SST Region 13

Peeling Back the Layers of
the PR-01
State Support Team 13
Susan Burns,
Deb McGraw
With a special thanks to Sharon Rieke!!!
Outcomes for Today
1. Learn when PR-01
is needed.
2. Learn the
components of a
compliant PR-01.
3. Learn how to find
resources to help
guide your PR-01
procedures.
When to Provide Prior Written Notice
PR-01?
There Are Many Times When
a PR-01 is Required….
When Prior Written Notice (PR-01)
Shall be Provided:
To the parents of a child with a
disability in a reasonable time (A
"reasonable time" is considered to
be two to three weeks) before the
school district of residence:
(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.
(Guidance Doc)
Available on www.edresourcesohio.org
in the Guidance Document
Available on
www.edresources
ohio.org
in the Guidance
Document
In Summary …when a PR-01 is
needed
Anytime the district Proposes/Refuses to:
1.
2.
3.
4.
Initiate or Change identification
Evaluate
Change educational placement
Provision of FAPE
There are the 15 times you will need a PR-01 that
are mentioned on the ODE document “When to
provide PR-01…” available in Guidance
Document on www.edresourcesohio.org
Evaluation/Ident
1. Initial Referral for Suspected
Disability (#3)
A. Parent Request for Evaluation
– Within 30 days (from oral or written request)
district must provide PR-01 (and explain
process, provide “Whose IDEA is it”)
a. Agree with suspected disability and will proceed
with evaluation - it requests permission to evaluate
the child (see #2 – Initial Evaluation)
b. Do not suspect a disability and refuse to
evaluate– provide the parents with the Prior
Written Notice to Parents PR-01 form stating it
will not be conducting an evaluation AND provides
the information that was used to make that
decision.
Evaluation/Ident
B. District Request for Initial
Evaluation
If the school district suspects the child has a disability and
proposes to conduct an initial evaluation, the school district:
• Provides the parents with the Prior Written Notice to
Parents PR-01 form stating that the school district is
proposing to refer for a suspected disability
Evaluation/Ident
In Summary….
A school district of residence will, within 30
days of receipt of a request for an
evaluation from parents of a child or a
public agency..
a. either obtain parental consent for an
initial evaluation, or
b. provide the parents prior written notice
(PR-01) stating that the school district
does not suspect a disability (WHY)and
will not be conducting an evaluation.
Evaluation
2. Initial Evaluation (#4)
• The school district proposing to conduct an initial evaluation
to determine if a child qualifies as a child with a disability…
• Within 30 days of date of initial referral the district must
provide:
– PR-01 – with a description of any evaluation procedures the
district proposes to conduct must also be provided to
parents
– Receive written informed consent prior to conducting
assessments as part of an initial evaluation
•
If a district determines a new evaluation is necessary for a
student who moves in from out of state with an IEP– A PR01 and Consent is needed for this INITIAL evaluation, or it is
a reevaluation if the student moves within the state.(See #8
Transfers)
Evaluation
Documentation of Consent
• Parental consent for initial evaluation is required
• The school district must obtain informed consent
(PR-01 and PR-05) with the planning form (what
they are agreeing to)for the initial evaluation AND
• Document attempts to obtain the parents’ consent
by maintaining detailed records that include dates,
times and results of their efforts.
– Documentation may include telephone logs, copies of written
correspondence including electronic communications, and/or
completion of Documentation of Attempts to Obtain Parent
Participation (OP-9 optional form).
– The documentation is filed in the child’s education record.
• If the parent doesn’t give consent you can NOT
move forward unless you go through due process
Evaluation
Informed Parent Consent
for Evaluation
1
3
2
Needed for any assessment
including:
• FBA
• Assistive Technology
• Any individualized
assessment
Need Trilogy for Consent:
1. PR-05 Consent
2. PR-01 which = informed
consent and
3. Planning form (what
they are consenting to)
Evaluation
If Unable to Obtain Parent Consent
for Initial Evaluation
If the school district is unable to obtain the parents' consent
for an initial evaluation because the parents either
explicitly refused to provide consent or failed to respond
to a request, the school district may choose:
a. Not To Pursue The Initial Evaluation of the child; or
– If the school district decides not to pursue the initial
evaluation, it informs the parents of this decision by
completing and sending the Prior Written Notice to
Parents PR-01 form.
b. To pursue the initial evaluation by requesting a due process
hearing and by engaging in conflict resolution (e.g.,
resolution meeting and/or mediation) to convince the parents
to provide their consent.
(Guidance Document 5.3)
Evaluation/Ident
B. District Request for Initial
Evaluation
If the school district suspects the child has a disability and
proposes to conduct an initial evaluation, the school district:
• Contacts the parents and explains the referral process;
• Develops an evaluation plan with the parents’ input;
• Provides the parents with a copy of procedural safeguards,
Whose IDEA Is This?;
• Provides the parents with the Prior Written Notice to
Parents PR-01 form stating that the school district is
proposing to conduct/plan an initial evaluation;
• Requests permission to evaluate the child and provides the
parents with a Parent Consent for Evaluation PR-05 form.
–
The Parent Consent for Evaluation PR-05 and Prior Written Notice PR-01 forms
can be provided at the same time as a copy of Whose IDEA Is This? (Federal
Register, August 14, 2006, pg. 46691) (Guidance Document 5.3)
Evaluation
Preschool Transition
• Often this meeting may take place months
before the child’s 3rd birthday
• This transition meeting starts your
evaluation timelines (60 days to ETR)
• You can:
– Provide PR-01 to slow down the processstate example is available
• The IEP MUST be done however by the
child’s 3rd birthday
Identification
3. Eligibility Determination (#5)
a. Prior to the ETR Meeting send a PR-01 –
“Proposal to initiate or change
identification…”
b. Send another PR-01 - If the team
determines that a child is NOT eligible
for special education and related
services.
FAPE
4. IEP – If parents DON’T Agree
(#6)
Note: The IEP shall serve as written notice
unless the parent disagrees with the IEP.
If the parent disagrees, written notice
shall be provided prior to the implementation of the IEP.
A district must provide a PR-01 after an
IEP meeting if…
1. the parents do not agree with the IEP
2.… or any portion of the IEP or
3.do NOT attend the meeting.
FAPE
Parents Disagree with IEP
Be sure to document on the PR-01:
1.What the disagreement was – what the
parent wanted/concerns…
2.What action the district proposed to
take
3.Why the district chose what they did
FAPE
Fail to Respond/Refuse Consent for
Initial Services (IEP)
• If the parents fail to respond or refuse consent for initial
special education and related services, the school district:
1. May NOT use the mediation procedures set forth in
the Operating Standards for Ohio Educational Agencies
Serving Children with Disabilities or request a due
process hearing to obtain agreement or a ruling that the
services may be provided to the child.
2. The school district provides the parents with prior
written notice (PR-01)and continues to provide the child
with appropriate interventions in the regular education
environment. The school district provides this notice
within 30 days of its attempts to obtain written
consent.
(Guidance Document 5.4)
FAPE
The First IEP…”cherry picking”
• If the parents do not agree to all the services identified in the
initial IEP, and so indicate on the IEP form, the school district
provides the parents a Prior Written Notice PR-01 form
describing the options considered by the IEP team and the
reasons why those options were rejected.
– PR-01 – to document areas of agreement and disagreement
(what was offered and what parents wanted)
•
In Subsequent IEPs-If the parents and the district disagree about
whether the child would be provided with FAPE if the child did not
receive a particular special education or related service with which the
parents disagree, and the parents and the district cannot resolve their
differences informally, the parents may follow conflict resolution
procedures to pursue the issue. The parents may NOT revoke consent
for part of an IEP. They must revoke consent for the entire IEP.
(Guidance Document 5.4)
FAPE
If Parents will not attend an IEP…
Every attempt should be made to have the parents attend the IEP
team meeting. However, if parents refuse to attend or are
unresponsive to notices and invitations sent inviting them to the
IEP team meeting:
1. Document all attempts to arrange the meeting, including records of
telephone calls made and results; copies of correspondence sent and
responses; detailed records of visits made to home or employment; and
results of visits and other attempts.
2. Hold the meeting and send the Prior Written Notice to Parents PR01 form with a copy of the IEP and the procedural safeguards,
Whose IDEA Is This?
3. Parental consent is needed for initial IEPs and before a change of
placement, unless the change of placement is for disciplinary reasons.
• If there is a change of placement or it is an initial IEP,
arrangements must be made with the parents to review the IEP
and acquire the parents' signatures on the IEP indicating
parental consent before the IEP may be implemented.
(Guidance Document 7.3)
FAPE
Parents agree to a date for IEP
and don’t attend
If the parents have agreed to the date and time of the meeting
and responded in writing that they will attend the
meeting but do not come to the meeting and have not
requested that it be rescheduled, or if they do not
respond to multiple notices (three documented attempts
are suggested), the team should attempt to contact the
parents by phone or e-mail.
a. If the team reaches the parents, offer the option of a
telephone conference;
b. Reschedule the meeting at the parents' request; or
c. If the parents cannot be reached, proceed with the
meeting.
– If there is no change of placement and the IEP is not the initial IEP,
send a Prior Written Notice to Parents PR-01 form to the parents
with a copy of the IEP, and implement the IEP.
(Guidance Document 7.3)
If parents don’t show and student is
17 years…
• Be sure to also document on the PR-01 a
statement about age of majority
transferring to the student at age 18, and
what that means
Evaluation
5. Reevaluation with New
Assessments Needed (#7)
If additional assessments are determined to be necessary
for the reevaluation of a child with a disability, the school
district must obtain parental consent and:
1. Develop an evaluation plan with the parents’ input;
2. Provide the parents with the Prior Written Notice to
Parents PR-01 form;
3. Request permission to reevaluate the child and to provide
the parents with a Parent Consent for Evaluation PR-05
form.
– The school district may provide these two forms to the parents at
the same time it provides a copy of Whose IDEA Is This?
(Guidance Document 5.3)
Evaluation
Reevaluation with New Assessments
Needed
• PR-01 to notify before conducting any
assessments
– Unless the district has provided notice and the
parents have failed to respond to reasonable
attempts to obtain consent
AND
• PR-01 provided after:
a.If parents do not agree
b.If disability category changes
Evaluation
6. Reevaluation Without Further
Assessments (#8)
• PR-01 to notify before
– Notification that no further assessments are
necessary must include:
1.
The teams determination and the reasons for the
determination, AND
2. The right of the parents to request an assessment to
determine whether the child continues to be a child with
a disability and to determine the child’s educational
needs
AND
• PR-01 provided after:
a. If parents do not agree with the reevaluation; OR
b.If disability category changes
Evaluation
7. No Reevaluation Conducted (#9)
If the IEP team, including the parents,
agrees that a reevaluation of the child is
unnecessary…
• The district can document this agreement
on the Prior Written Notice PR-01 (not
required) form or the Agreement to
Waive Reevaluation OP-4 optional form.
FAPE
8. Transfers from
Out of State and Out of District (#10)
a.
You are not accepting the ETR/IEP - Provide PR-01 prior
to New Reevaluation (if out of state=initial, in
state=reevaluation)
b. You are accepting the ETR but creating a new IEP Provide PR-01 that accepting ETR (BP) and after an new
IEP, if parents do not agree
c. You are accepting the ETR/IEP (as it meets Ohio’s specs)Provide PR-01to tell parents that the out of state/district
IEP/ETR has been accepted (BP)
– May also want to include verbiage
• Services will be beginning immediately…
• May need to change some things after we get to know
the student and his/her needs better in 30 days…
Note: If you accept- you are accepting the information as fact
and basis for service delivery
Placement
9. Change in Placement (#11)
a. PR-01 provide only after an IEP, if
parents do not agree with the proposed
change of placement on the continuum.
– The district may NOT change the child’s
placement until the parents consent to
proposed change of placement.
b. Suggested BP practice – do it either way
(agree with change or not) for a paper
trail
FAPE
10. Change in type and amount of
services (#12)
• Provide PR-01 only after an IEP… IF the
parents do not agree with the changes in
the types and amount of services being
proposed.
– The district may then proceed to implement the
IEP.
FAPE
Adding a Related Service
•
•
•
•
•
PR-01
Planning form for Related Service area (SLP, OT)
Parent Consent PR-05
Page of Part 1 of ETR & Attach to back of ETR
If the related service is so severe that it impacts
the other goals and objectives, then you may need
to redo the ETR back page and summarize in the
general summary portion
• No parent signature is required for this “add on
related service ETR”.
• Amend the IEP – parent initial
• 3 year reevaluation timelines follow from original
ETR
FAPE
Removing a Related Service
• No ETR required
• Review data showing child has met all
goals and needs no additional goals
• On present IEP (“goal met and dismissed
-initial next to the goals)
• On upcoming IEP indicate the dismissal
and why “has met all goals and
objectives an needs no additional goals
and objectives” – in Other or Profile
• Provide PR-01 (Suggested)
Identification
11. Exit from Special Education (#13)
• Provide PR-01 indicating child is exiting
from special education
• Due to:
– No longer qualifies as a student with a disability
(2 prong – disability category and need for
specialized instruction)
– Graduation from High School
– Exiting high school due to exceeding the age
eligibility for FAPE (Age 22)
•
Provide another PR-01 if parents don’t
agree
Identification
11. Exit from Special Education
a. PR-01 Proposal to Dismiss/Change of Identification
b. Invite Parent to ETR Planning Meeting (PR-02) – hold
meeting
c. Parent consent for Evaluation if new assessment is needed
(PR-05)
d. Invite Parent to ETR Meeting (PR-02) –
e. Hold ETR meeting (PR-06) and Document –
a. Has met all goals and objectives and needs no additional goals and
objectives, or
b. Reasons for dismissal (unwilling/unmotivated and efforts to address
these factors have not been successful, extenuating circumstances
such as dental/medical/social… (ASHA)
c. is no longer a SWD (no longer adverse affect)
d. If the district would like to record this fact on the last IEP, that
is fine but is not required
f.
If the parent disagrees- provide PR-01 again “Parent does
not agree with dismissal from speech and language service”
FAPE
12. District Refuses Services
Requested by Parents (#14)
• The district must provide PR-01 to the
parents any time the district refuses the
request of the parents to provide special
education and related services to the
child.
Identification
13. District Proposes/Refuses to
Change Disability Category (#15)
• The district must provide PR-01 any time
the district proposes or refuses to
change the child’s disability category.
• The ETR and the documentation of
eligibility can be considered to be the
prior written notice (as long as everyone is
in agreement)
Placement
14. Disciplinary Change in Placement
(#20)
• PR-01 must be provided whenever a
change in placement occurs due to
disciplinary action.
• And a copy of “Whose IDEA is it? “
Identification
15. Revocation of Consent (#21)
•
•
If Parents want to revoke consent (for the entire IEP) and
remove the student from special education and related
services…
The district must…
– Obtain the revocation of consent in writing from the parents
– Continue to implement the IEP as written, until the district
provides the parents with PR-01 which includes:
• A summary of the educational needs of the child
• A summary of all the supports and services the child will no
longer receive; and
• A statement that none of the rights and protections
provided to SWD will be provided to the child once the
child exits; and
• Once Prior written notice is provided to the parents, the
district will no longer implement the IEP and will treat the
child as any child without a disability
Other Times
16. Due Process Hearing or Expedited Due Process Hearing
initiated by the district (FAPE, Identification, Placement)
17. Unable to gain parent consent for initial evaluation
18. Unsuccessfully gained parent input into IEP
19. Unsuccessfully gained input into reevaluation (Not initial)
20. Using RTI process for SLD – to extend the process
(must put an end date)
21. Transition for Preschool from Help me Grow to
Preschool – when transition conference is more than 90
days from child’s 3rd b-day (slow down the process)
22. Adding a related service
23. Removing a related service (BP)
Whenever in Question … it provides
the paper trail to CYA
24-101
Content of the PR-01…
the 6 elements required
Content of PR-01: must include
(1)
(2) A description of the action proposed
or refused by the school district;
Peeling back the Layers: PR-01
• Expedited evaluation –
– Team may decide that the ETR is no longer valid and a new evaluation is
needed before the 3 year timeline
• IEP issues- Parent disagrees
– Parent no longer wants one service (even though team feels the student
still needs these services), but wants to continue other services
– Parent feels their child needs more services/time
– Any disagreement with the IEP
Peeling back the Layers: PR-01
Proposal to Initiate an Evaluation:
• “District proposes to initiate a multi-factored team
evaluation to determine:
• the student’s eligibility for special education under
IDEA
• if the student qualifies as a student with a
disability”
•“Team suspects a disability – and would like to conduct
a full evaluation to determine if the student is eligible
for IDEA services”
Peeling back the Layers: PR-01
Refusal to Initiate an Evaluation:
• “(district) refuses at this time to initiate a multifactored evaluation for (student). The
intervention team has documented progress with
the interventions being provided and do not
suspect a disability under IDEIA at this time”• could also propose to continue to implement and
monitor progress and reconvene to review
progress in __ weeks.
Content of PR-01: must include
3) An explanation of why
the school district
proposes or refuses to
take the action;
Peeling back the Layers: PR-01
• WHY!!
•Proposes to Initiate an Evaluation
•“Student requires a level of interventions that are so intense/of
duration/frequency that it is specialized instruction”
• “To determine if the student needs special education services in order
to receive FAPE”.
• “the team has been implementing academic/behavioral interventions
with __ for the past __ months/weeks and suspects that due to lack of
adequate progress, __ may have a disability which would qualify for
special education services”.
•“ Despite intensive and individualized intervention the student
continues to struggle with grade level material”
• “Data collected shows __ has difficulties learning basic academic
skills. __ Currently receives reading and math interventions. Classroom
data show that _has made progress but he has difficulties generalizing
learned skills to daily work. His written work does not reflect his level
of comprehension”.
Peeling back the Layers: PR-01
• Why the district Refuses to initiate an
evaluation
• “Current data indicate that the level of performance
and rate of performance is commensurate with peers
(include specific data)”,
• “Student is making adequate progress with interventions
and is on track to catch up to peers”
(4) A description of
other options that
the IEP team
considered and the
reasons why those
options were
rejected; and
Peeling back the Layers: PR-01
Initial evaluation –
• Considered
o “continuing with interventions being provided “AND
• Why that was rejected –
o “the student needed more interventions that were so
intense, frequent and of such a duration that they can’t be
delivered in the regular educational environment”
o “due to lack of progress with previous interventions
including:-------the student may qualify for special
education services.”
o “long term and intensive nature of intervention the
student is receiving and lack of response to that
intervention”.
Peeling back the Layers: PR-01
Refusal to do Initial Evaluation –
• “The team considered completing an evaluation,
however the data did not indicate a suspected
disability because the student is making adequate
progress”
Content of PR-01: must include
(5) A description of
each evaluation
procedure,
assessment, record,
or report the school
district used as a
basis for the
proposed or refused
action;
Peeling back the Layers: PR-01
Initial Evaluation: “the following assessment data
____showed the student’s possible need for specially
designed instruction/or of potentially being a student with
a disability because the level of interventions that are
needed are of such a duration/frequency/intensity that
they can not take place in the regular education
environment”.
Assessment Information (What do you already have and
used as a basis for the proposed action):
•Intervention data
• RTI: Universal screening and progress monitoring data
• Observation, record reviews, classroom data
• State, District and Classroom Assessments.etc..
•Scholastic Reading Inventory testing, DIBELS, Read 180,
•Parent and teacher input
(6) A description of
other factors that
are relevant to the
school district's
proposal or refusal.
Peeling back the Layers: PR-01
Initial Evaluation:
• Retention
• Regular attendance, Previous HQT education
• Outside tutoring
• Evaluated before and not found eligible
• Parents refused or revoked consent previously
• No other factors were relevant at this time
• “The evaluation must be completed within 60
days of signed consent. It will contain
information from multiple sources as described
on the planning form which will be completed”.
Peeling back the Layers: PR-01
• Reevaluation
•
when the team doesn’t feel they need
additional assessment information –There must
be verbage about parents right to request
additional testing
• Refusal:
•
•
“No other factors were relevant at this time”
Excessive Absences, previous schooling without
HQT, high mobility
7. A statement that the
parents of a child with a
disability have protection
under the procedural
safeguards of this rule 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;
8.Sources for parents
to contact to obtain
assistance in
understanding the
provisions of this
rule;
Contents Continued
• This notification is intended to give
parents a full explanation of:
– WHAT actions the school district is proposing
or refusing to take
– and gives the parents an opportunity to agree
or disagree with those actions.
Contents: Understandable Language
• (a) Written in language understandable to the general
public; and
• (b) Provided in the native language of the parent or other
mode of communication used by the parent, unless it is
clearly not feasible to do so.
– Translated orally or by other means in parents native
language
• ODE has some languages translated
• If not feasible to provide written translation – DOR should make
arrangements for a bilingual interpreter to explain (Lau Resource
Center can help)
• If parents are blind – DOR provides in Braille, large print (contact
CISAM) or orally
• If parents are deaf – DOR arranges for interpreting services for a
meeting to explain the notice
Content: Understandable Language Cont.
• Written evidence that these requirements have
been met
– Documentation of the steps taken to ensure
that the notice was explained and that the
parents understand the content of the notice
(e.g., record meeting date, time and place where
interpreter services were provided) and include
this documentation in the child’s education
record.
• If the school district has a parent mentor, it may
request the parent mentor to assist in explaining
the notice to the parents.
Electronic mail
• The school district may make the Prior Written Notice to
Parents PR-01 form, the procedural safeguards notice
(Whose IDEA Is This?) and the notification of a due process
complaint available by electronic communication if the
parents choose to receive notices electronically.
• If so, the school district should document this request; for
example, district personnel make a notation in the child’s file
of the parents’ verbal request, including the date and place
of the request (e.g., parent conference, hallway
conversation, IEP meeting).
• Note: If the school district communicates with the parents
by electronic mail, these communications become part of the
child's education record.
(Guidance Document 5.1)
PR-01 Compliance Issues
• It isn’t given at all the times specified
• It isn’t given in conjunction with a PR-05
(consent) – showing “informed consent”.
• Some boxes are left blank or contain
N/A
• Is not in student record file – showing
evidence that the PR-01 was done
Activity #1- Large
Group
Determine next to
each instance who
would be the most
likely
person/discipline to
develop the PR-01
Activity #2 – Elbow
Partners
Using the Potential
Reasons for Writing
a PR-01 handout –
choose 2 times
and practice writing
a PR-01
Guidance From ODE
www.edresourcesohio.org
Forms
Questions
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•
•
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