Arkansas Association of Special Education Administrators June 24

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

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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;

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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. 2 A 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 X Determination of Eligibility upon completion of an initial evaluation or re -evaluation 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 Graduation with a regular diploma NO X X Disciplinary Removal for more than ten X consecutive school days 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 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? 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 Action can be used in place of. Informed Consent Temporary Placement Consent Parent Consent for Initial Placement Separate Programming Conference Decision Form/Notice of Decision

To heir is human. Dolores E. Mc. Guire