Finalizing the IEP Process Consent for Initial IEP

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

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)

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

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

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.

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 student’s identification, evaluation, educational placement, or provision of FAPE.

Purposes of PWN 1) To provide the parent/adult student with enough information so he/she fully understands the district’s proposed or refused action(s) and to make informed decisions, if necessary; and 2) To provide a framework for data-based discussion and problem solving.

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

Content of PWN (cont. ) § Description of other factors relevant to the district’s 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

Timeline for the Provision of PWN • 5 days prior to implementing the proposed action, or • Within 5 days of the refusal

Reflect & Discuss how you ensure parents understand the IEP.

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

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

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

Revocation of Consent Parent must: • Revoke consent in writing District must: • Fully inform parent of reasons for and consequences of not providing services • Provide PWN • Cease providing services after 5 days – no violation of FAPE

Revocation of Consent When parent revokes consent for continued special education and related services, the district: – Is not required to amend the student’s educational records to remove any references to the student’s 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.

Disagreement with IEP If the IEP Team and parent/adult student disagree regarding IEP provisions: 1) Convene IEP Team to determine if FAPE will be provided and amend IEP accordingly 2) If disagreement regarding FAPE: a) b) provide PWN parent/adult student may use dispute resolution processes