Prior Written Notice of Action Notice of Conference

Prior Written Notice of Action & Notice of Conference March 2014 ADE-SEU

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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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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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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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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 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 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 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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Let’s review the changes. 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