Finalizing%20the%20IEP%20Process

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Finalizing the IEP Process

• Consent for Initial IEP
• PWN following the IEP
• Copies to Parent
• IEP Amendments
• Revocation of Consent

West Virginia Department of Education February
2010
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Informed Consent
Informed consent is written approval given by
parent/adult student who has been fully informed
of and understands all information relevant to
the proposed IEP.

• Native language or mode of communication
• Voluntary
• May be revoked at any time
• Indicated by signature (parent/adult student)

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Obtaining Parental Consent

• Initial IEP only
• Document reasonable attempts to obtain consent
• Provide PWN

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Refusal of Consent or Failure to Respond

• The district
• must provide PWN of proposal
• must fully inform parent of reasons student
  should receive services/consequences of refusing
• may not use mediation or due process complaint to
  obtain consent
• is not required to convene an IEP Team or
  develop an IEP

Also plicable if parent refuses to respond.
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Provision of the IEP to Parents

• At the conclusion of the IEP Team meeting, prior
  written notice and a copy of the IEP must be
  provided to the parent /adult student.

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Prior Written Notice (PWN)

• The act of informing a parent/adult student in
  writing, within a reasonable amount of time,
  before the district proposes or refuses to
  initiate or change the students identification,
  evaluation, educational placement, or provision
  of FAPE.

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Purposes of PWN

• To provide the parent/adult student with enough
  information so he/she fully understands the
  districts proposed or refused action(s) and to
  make informed decisions, if necessary and
• To provide a framework for data-based discussion
  and problem solving.

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Content of PWN

• Description of the action proposed or refused
• Explanation of reasons for proposal or refusal
• Description of each evaluation procedure,
  assessment, record, or report the district used
  as a basis for the proposed or refused action
• Description of other options considered and the
  reasons why those options were rejected

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Content of PWN (cont.)

• Description of other factors relevant to the
  districts proposal/refusal
• Statements regarding
• Protections under Procedural Safeguards and
• How to obtain a copy of the Procedural Safeguards
  Notice
• Sources to contact in obtaining assistance in
  understanding their Procedural Safeguards Notice

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Timeline for the Provision of PWN

• 5 days prior to implementing the proposed action,
  or
• Within 5 days of the refusal

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Reflect Discuss

• Discuss how you ensure parents
• understand the IEP.

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IEP Amendments

• Allow for changes to a students IEP after the
  annual IEP
• Require prior parent and district agreement in
  writing
• Document the changes on the IEP Amendment Form

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IEP Amendments (Cont.)

• Must be provided to the parents
• Revised copy with amendments incorporated
  provided to parents upon request
• Date remains the date of the original IEP
• Inform all service providers impacted by the
  amendments

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Revocation of Consent

• IDEA Supplemental Regulations (December 31, 2008)
• Allows parents to unilaterally withdraw their
  children from further receipt of ALL special
  education and related services

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Revocation of Consent

• Parent must

• District must

• Revoke consent in writing

• Fully inform parent of reasons for and
  consequences of not providing services
• Provide PWN
• Cease providing services after 5 days no
  violation of FAPE

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Revocation of Consent

• When parent revokes consent for continued
  special education and related services, the
  district
• Is not required to amend the students
  educational records to remove any references to
  the students receipt of special education and
  related services
• Is not deemed to have knowledge that the student
  is a student with a disability and student is not
  entitled to Policy 2419 discipline protections
• Is not required to provide accommodations in the
  GEE

Any future parental request for services is
treated as an initial evaluation.
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Disagreement with IEP

• If the IEP Team and parent/adult student
  disagree regarding IEP provisions
• Convene IEP Team to determine if FAPE will be
  provided and amend IEP accordingly
• If disagreement regarding FAPE
• provide PWN
• parent/adult student may use dispute resolution
  processes