Transcript History of IDEA

Prior Written Notice
of Action &
Notice of Conference
March 2014
ADE-SEU
Special Instructions…
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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
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
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Insert Written Contact
Insert Verbal Contact
4-1-14
Larry Lucille
4-15-14
Lucy Lucille
11:00 A.M. Happy High School Room 4A
Larry Lucille
Lucy Lucille
Ms. Smiley
Ms. Sunshine
Ms. Sunshine
Ms. Happy
Ms. Sunshine
HS Special Ed. Teacher
4-1-14
Lucy Lucille
4-1-14
4-1-14
Lucy Lucille
4-1-14
4-8-14
Lucy Lucille
4-1-14
4-1-14
4-25-14
11:00 A.M.
Lucy Lucille
4-1-14
4-7-14
4-30-14
4-25-14
11:00 A.M.
11:00 A.M.
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.
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;
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1B
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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;
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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.
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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
Deletion or addition of a related
service
X
Change in annual goals on an existing
IEP
?
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
NO
?
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1B
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1B
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Let’s review the changesPrior Written Notice of
Action always
replacesInformed Consent
Temporary Placement
Consent
Parent Consent for
Initial Placement
Prior Written Notice of
Action can be used in
place ofSeparate Programming
Conference Decision
Form/Notice of
Decision