PRIOR WRITTEN NOTICE:

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PRIOR WRITTEN NOTICE

• Noting Decisions

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CODE OF FEDERAL REGULATIONS (CFR 300.503)

• Written noticemust be given to the parents of a
  child with a disability a reasonable time before
  the public agency proposes or refuses to initiate
  or change the identification, evaluation, or
  educational placement of the child or the
  provision of the FAPE

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What is It?

• A vital component of procedural safeguards
• A record of decisions that have been made
• A record of actions that will or will not be taken

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What is the Purpose?

• The intent of the PWN is to provide parents
  with written notice of the schools proposal or
  refusal to carry out an action that affects their
  child. This is the decision that has been reached
  but NOT YET ACTED UPON. The notice allows the
  parents time to seek resolution if they disagree
  with the schools decision.

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When is a PWN Given?

• Upon IDENTIFICATION
• Prior to EVALUATION or refusal to evaluate
• Upon the proposal or refusal to provide FAPE
  (prior to the implementation of the IEP)
• Upon proposal or refusal of PLACEMENT in Special
  Education
• (but prior to the placement)

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IDENTIFICATION

• Occurs when a decision is made to refer a child
  not currently identified as a child with a
  disability for evaluation. This usually follows a
  Child Study Team referral and set of
  interventions.

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IDENTIFICATION

• The purpose of the PWN is to outline for parents
  the decision to refer the child to the
  multi-disciplinary team (MET) and the reasons for
  the referral.
• It is provided BEFORE the review of existing data
  and BEFORE the decision is made to collect
  additional data for possible qualification for
  special education services.

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• Does a referral to a child study team require a
  PWN?
• How does identification differ from referral?
• Is a PWN for identification required if the
  parent requests evaluation?

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EVALUATION

• Occurs when the Public Education Agency has made
  a decision regarding the collection of additional
  data. A review of existing data is completed and
  a decision has been made by the team whether or
  not to collect more data to determine
• Whether a child has a particular category of
  disability
• PLEP and educational needs
• Whether the child needs special education services

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EVALUATION

• The purpose of the PWN is to outline for parents
  the decisions made regarding evaluation
• The team determined that there is no need to
  collect additional data, or
• If additional data must be gathered, what
  additional data are needed and the evaluation
  plan
• (Note The team must obtain parental consent to
  collect additional data)

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ELIGIBILTY

• Occurs when then team has determined that a child
  meets the criteria for a particular disability
  category.

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ELIGIBLITY

• The purpose of the PWN is to inform the parents
• that the child meets the criteria for eligibility
  for a particular disability
• that the disability is impacting the childs
  ability to successfully access the general
  curriculum
• that the child is eligible for services

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ELIGIBLITY

• The PWN is provided once the eligibility has been
  determined and the need for services has been
  identified.

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• If a school refuses to conduct and evaluation
  must they provide a Prior Written Notice?
• Must a PWN be provided for statewide assessments
  like the AIMS?
• If an eligibility is added or changed is a PWN
  required?

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FAPE(Free and Appropriate
Public Education)

• Occurs for the initial placement, when the team
  has determined what constitutes special ed and
  related services for this student
• This takes place at the initial IEP meeting
• Occurs subsequently after the review and revision
  of the IEP when least restrictive environment and
  level of service have been determined.

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FAPE

• The purpose of the PWN is to outline for the
  parents the actions proposed as a result of the
  IEP meeting and/or those actions that are refused
  such as
• goal changes
• special ed services
• related services
• modifications that are substantial changes

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FAPE

• PWN is provided upon completion of the IEP and
  once the team has agreed upon proposals or
  refusals for changes in the IEP.

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EDUCATIONAL PLACEMENT

• Occurs when a child has been evaluated, found
  eligible, and an initial IEP has been developed
  and decisions about placement have been made.

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EDUCATIONAL PLACEMENT

• The purpose of the PWN is to propose/refuse
• placement in special education in order to
  implement services
• AND/OR to document
• decisions regarding implementation of the
  proposed IEP

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EDUCATIONAL PLACEMENT

• PWN is provided after the IEP has been completed
  and placement needs have been determined. At this
  time the parent must sign consent for initial
  placement before any services can be delivered.

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One PWN for multiple purposes

• One PWN can serve as the proposal for the
  eligibility decision, for the provision of FAPE,
  and for initial placement IF the development of
  the initial IEP and placement decision occur
  within the same meeting as the eligibility
  decision. Each must be outlined in all the areas
  of the notice.

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Other Required Times

• Other times that a PWN must be given to parents
  regarding placement
• Change in LRE placement including exiting special
  education
• Disciplinary removals of a student from his/her
  regular classroom activities

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• Is a PWN required at each re-evaluation?
• Is a PWN required before writing the annual IEP?
• Should a PWN be included with progress reports?
• Is a PWN sent when related services are changed
  on an IEP?