Prior Written Notice - Anderson School District Five



Prior Written Notice

“When in doubt, send it out !!”

Prior Written Notice (PWN) is a major component of the procedural safeguards that schools must make available to special education students and their parents. When completed accurately, the PWN provides a clear record of decisions that have been made regarding identification, evaluation, reevaluation, placement, and changes in FAPE (Free Appropriate Public Education).

IN GENERAL, a PWN is provided to the parent after the IEP meeting but before the changes to the IEP go into effect or an evaluation or reevaluation is done. It is not necessary to send a PWN prior to a meeting as long as a detailed Letter of Notification is sent.

To complete a PWN, the case manager will go to Excent:

Excent>Process>Prior Written Notice>Add New Action

Complete all sections of the PWN. Do not leave blanks. N/A should be used if a section has no applicable response. It is best practice to provide information for each section.

To assist you in completing PWN, various samples are included among the following pages. Please note that these are only examples!! You must make the information on your PWN fit your own particular scenario; your unique student need.

DO NOT copy the examples word-for-word!!

Samples are included in this section for:

❖ Referral but no evaluation

❖ Initial Evaluation

❖ Developing an IEP (Eligibility meeting held in prior meeting)

❖ Initial Placement (Eligibility and Initial Placement together)

❖ Does Not Qualify

❖ No Longer Qualifies

❖ Annual Review

❖ Special Review

❖ Change in LRE

❖ Change in FAPE

❖ Trienniel Evaluation

❖ Manifestation Determination

❖ Parental Revocation

Additionally, a Q&A is provided about Prior Written Notice at the end of the Samples.

|Part B | Sample for “referral but NO evaluation” |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|After consideration of the parent’s request to refer _____ for a special education evaluation, the team determined that|

|the intervention strategies utilized as a result of the Intervention Team process appear to be working. Additional |

|evaluation measures are not warranted at this time. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|_____’s current classroom performance does not indicate the need for a special education evaluation at this time. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|A structured phonics program was implemented along with a daily guided reading session. This has increased _____’s |

|performance and we feel that _____ is progressing at a significant rate. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|_____’s classroom teacher has experience with research-based reading strategies and is able to accommodate _____’s |

|needs in the general classroom. |

← Description of other reasons why the school district/agency proposed or refused the action:

|You have been an integral part of the Intervention Team and support the strategies currently being utilized. You will |

|continue to monitor _____’s progress with us so that the evaluation process can be revisited in the event _____ starts |

|to struggle. |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

|Part B | Sample for “initial evaluation” |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|The school is proposing to conduct an evaluation to determine eligibility for special education. The evaluation |

|process starts with a review of information that we already know about _____. Following this review, the evaluation |

|team may need to collect additional information in order to determine eligibility for special education. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|Our Intervention Team has been working with you and _____’s teacher to increase _____’s reading ability. However, |

|_____ has not made adequate progress in acquiring basic reading skills. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|We considered the strategies used during the intervention process. This included such things as specific practice on |

|letter-sound relationships, phonemic awareness, and decoding skills. The evaluation process will also include a review|

|of _____’s classroom grades, report card grades, MAP scores and PASS scores. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|We considered waiting until March in order to give _____ more time to catch on. However, we feel that waiting will |

|likely place her further behind. |

← Description of other reasons why the school district/agency proposed or refused the action:

|N/A |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

|Part B | Sample for “developing iep when separate |

| |eligibility meeting was previously held” |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: _____________________________ School: _________________________________

DOB: ____________ Grade: _________ Date of Notice: _______________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|The school proposes to classify _____ as a student with a learning disability in the area of reading. The school also |

|proposes to provide her with specialized instruction in reading in a resource room with other students with similar |

|disabilities. Informed parental consent for initial placement was obtained at an eligibility meeting held on (date)|

|. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|_____’s evaluation results indicate that h/she is a student with a disability and it is unlikely that h/she will |

|progress satisfactorily in reading without highly specialized instruction. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|Teacher and reading specialist observations were conducted; curriculum-based assessments, standardized reading and |

|language assessments, and a test of general intelligence were used to determine that _____ has a learning disability in|

|the area of reading. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|The team considered not providing special education for reading but felt that _____’s progress would be insufficient to|

|achieve educational success. _____’s sensitivity to being singled out in the general classroom caused the team to |

|reject special education services within her general classroom. The team also considered a full-time special education|

|program for _____ but determined that h/she does not need assistance in other areas of learning nor the |

|intensity/restrictiveness of such a program. |

← Description of other reasons why the school district/agency proposed or refused the action:

|N/A |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

|Part B | Sample for “eligibility meeting/initial |

| |placement held concurrently” |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|The school is planning a meeting to discuss your child’s eligibility for Special Education services. If your child is |

|found to be eligible and you agree to those services, we will plan and develop an Individualized Education Plan (IEP) |

|which outlines the specific services your child will receive. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|The school is required to review the results of an initial evaluation (testing results) within 60 days of receiving |

|your Consent for Evaluation. The initial placement meeting will determine whether your child is eligible for Special |

|Education services and how to deliver those services in the Least Restrictive Environment. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|The eligibility team will review results from the current psychoeducational testing, district level assessments, |

|classroom assessments, report card grades and other relevant achievement data as it relates to your child’s progress in|

|the General Education Curriculum. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|If your child is determined to be eligible for Special Education services and is not placed, the team will discuss the |

|resulting effects on your child’s academic progress in the General Education Curriculum. |

← Description of other reasons why the school district/agency proposed or refused the action:

|N/A |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

|Part B | Sample for “DNQ” |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|Upon completion of the most recent evaluation, the school district finds that your child does not meet criteria for |

|placement and thus refuses to place your child in special education. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|Your child, ________, does not meet the eligibility requirements for classification as a child with a disability under |

|the IDEA 2004 regulations. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|A complete battery of assessments were administered to measure ____’s general learning aptitude and current academic |

|achievement. In addition to these formal tests, the team reviewed current work samples, teacher observations, and |

|input from the regular education and special education teacher. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|Additional evaluations were discussed but the team decided that no further evaluations are necessary at this time. |

← Description of other reasons why the school district/agency proposed or refused the action:

|N/A |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

|Part B | Sample for “no longer qualifies” |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|As part of the reevaluation process, the team reviewed all existing data and determined that this data was sufficient |

|to re-determine ____’s eligibility for placement in special education. The team determined that ____ no longer meets |

|the eligibility criteria for a specific learning disability in reading and writing. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|The Individuals with Disabilities Education Act requires that a reevaluation for the continued determination of |

|eligibility in special education be completed every three (3) years. The team determined that no additional data was |

|necessary to make the determination. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|The team determined that the testing from the prior evaluation done in January 2005 was still current. Achievement |

|data was reviewed from ____’s most recent MAP scores. The current school year’s grades, progress reports, work |

|samples, and input from the special education teacher and regular education teacher were reviewed. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|Based upon the review of existing data, the IEP team determined that ____ does not qualify for any other disability |

|category. |

← Description of other reasons why the school district/agency proposed or refused the action:

|____ has demonstrated marked achievement in the areas of reading and writing. He/she is fully included in the regular |

|class and has been receiving minimal support from the special education teacher. Achievement scores and grade reports |

|indicate that _____ is now performing at grade level. Both of _____’s teachers feel that he/she is able to maintain |

|progress without special education services. |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

|Part B |Sample for “Annual Review” |

| |(post meeting) |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|The IEP team reviewed ____’s progress and current program in special education. A new IEP was developed with an update|

|of ____’s present levels of performance and appropriate goals. The IEP made a decision to increase _____’s level of |

|service by adding an additional 30 minutes of resource each day. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|Although ____ made slow progress toward his/her IEP goals, the daily, extra service will help him/her to make more |

|substantial progress. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|The review of progress, goal achievement, and success in the general classroom indicated that ____ still requires |

|resource pull-out services for reading. Increasing the resource time by 30 minutes each day will allow ____ to |

|participate in a 90-minute ELA block of more intense reading instruction. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|The team considered maintaining ____’s level of special education service but current achievement data clearly |

|indicates a need for increasing the previous IEP’s level of support and service time. |

← Description of other reasons why the school district/agency proposed or refused the action:

|N/A |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please see your child’s Case Manager / Special Education Teacher to obtain a copy. |

|Part B | Sample for “Special Review” |

| |(post meeting) |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|A special review meeting of _____’s IEP was held on __(date)__ . At the meeting, we discussed adding oral |

|accommodations and extended time for written responses to his/her IEP. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|Based on ____’s learning disability in reading comprehension and written expression, oral accommodations and the |

|allowance of extended time on writing assignments will increase his/her performance in the general classroom. The IEP |

|team feels that these accommodations will provide the extra support for _____ so that he/she will have greater access |

|to on-grade-level content in the general curriculum. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|The IEP team reviewed ____’s classwork, benchmark tests, unit tests, and MAP scores. Teacher input was also provided |

|at the meeting. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|The team considered maintaining ____’s level of special education service and not providing the accommodations to |

|support him/her in the regular classroom. This was rejected because the extra support allows _____ to have greater |

|participation and involvement in the general classroom setting. |

← Description of other reasons why the school district/agency proposed or refused the action:

|____ is a hard-working student and will continue to have high standards. He/she will utilize the accommodations |

|properly to strengthen his/her overall academic performance in the general classroom setting. |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please see your child’s Case Manager / Special Education Teacher to obtain a copy. |

|Part B | Sample for “Change in LRE” |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|The school proposes that your child, ___________, be considered for placement in the LD self-contained program at |

|___________ School for the ___________ school year. The self-contained classroom is a smaller class with a lower |

|teacher-student ratio that provides a more structured academic routine. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|The LD self-contained class, located at ___________ School is closest to where your child currently attends school and |

|will continue to develop and expand your child’s educational opportunities. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|Based upon this year’s progress of IEP goals, a more intense academic program is recommended for ____. The |

|self-contained program will provide a smaller classroom setting and a paraprofessional that assists the teacher in |

|working with students individually or in small groups. |

|When special education placement requires a student to change to a different school, we honor Least Restrictive |

|Environment by placing in the school closest to your home. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|Moving _____ out of Special Education is not recommended at this time because we are able to meet your child’s unique |

|needs in our Special Education program. We feel that the extra service provided in the self-contained setting will |

|allow ____ to progress at a faster rate in closing his/her deficits in reading and math. |

← Description of other reasons why the school district/agency proposed or refused the action:

|N/A |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

|Part B | Sample for “Change in FAPE” |

| |(you must consult with a special education coordinator) |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|_____’s parents are proposing a full-time paraprofessional to work with _____ in the general education classroom. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|Upon review of _____’s progress, the IEP team determined that he/she is progressing satisfactorily with the current |

|level of services which includes support form a paraprofessional for a portion of the day during reading, writing, and |

|math instruction in the general classroom. ____ will receive an additional 30 minutes daily from the special education|

|teacher to support her goals of developing organizational skills and independence. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|Teachers’ observations and input, grades, anecdotal records, behavioral and progress reports were considered. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|The IEP team reviewed the parent’s request for a paraprofessional to be assigned to support _____ during the 6-hour |

|school day. After reviewing the progress of IEP goals and getting input from the general education and special |

|education teacher, the team felt that additional aide support would create dependence on this continuous support, |

|lessening his/her ability to develop independence and the ability to self-monitor. At this time, _____ has been very |

|successful with part-time help from the paraprofessional. |

← Description of other reasons why the school district/agency proposed or refused the action:

|The amount of time with the paraprofessional was decreased last school year when _____’s IEP was revised and rewritten.|

|_____’s progress in reading has steadily increased during this school year and other academic areas are showing |

|progress as well. |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

|Part B | Sample for “trienniel reevaluation” |

| |(post meeting) |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|_____’s determination for continued eligibility as a student with a disability is due by __(date)__. The team reviewed|

|all existing data in the reevaluation process and determined that this data was sufficient to re-determine _____’s |

|eligibility as a student with a learning disability. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|Federal law (Individuals with Disabilities Education Act) requires that a reevaluation for the continued determination |

|of eligibility be completed every three (3) years. The team determined that no additional information was necessary to|

|make the determination. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|The team determined that the testing from the prior evaluation done in January 2005 was still current. Achievement |

|data was reviewed from ____’s most recent MAP scores. The current school year’s grades, progress reports, input from |

|the special education teacher and regular education teacher, along with samples of ____’s work in the areas of reading |

|and writing were reviewed. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|Based upon a review of the existing data, the IEP team determined that ____ continues to qualify for a program in |

|resource as a student with a learning disability. |

← Description of other reasons why the school district/agency proposed or refused the action:

|Although _____ has made much progress in the areas of reading and writing, he/she continues to perform below grade |

|level and will not maintain adequate progress without special education services. |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

|Part B | Sample for “manifestation determination review ” |

| |(post meeting) |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ________________________________ School: ___________________________________

DOB: _____________________ Grade: _________________ Date of Notice: ________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|The IEP team determined that ____’s latest violation of student code of conduct is a manifestation of his/her |

|disability. Therefore, the district will not proceed with expulsion but will implement the revised IEP starting |

|_(date)_. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|Upon reviewing ____’s discipline records and behavior intervention plan, the team feels that the strategies regularly |

|used to regulate _____’s behavior are successful. However, his/her disability is defined by the difficulty to manage |

|his/her own behavior. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|The team reviewed ____’s most recent evaluation, functional behavior assessment, and behavior intervention plan. |

|Additionally, the team got input from ____’s teachers concerning his/her overall progress in meeting behavioral goals. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|The IEP team considered additional behavior supports, including a very restrictive program on campus. However, this |

|program would not be the least restrictive environment to meet his/her needs. |

← Description of other reasons why the school district/agency proposed or refused the action:

|The team discussed other types of consequences that can be used for a violation of conduct that would ordinarily result|

|in removal from school. Additionally, ____ and the principal entered into a positive behavior contract for the next |

|two months where _____ can earn ongoing rewards for appropriate behavior. |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

|Part B | Sample for “parental revocation” |

| |You must consult with a school psychologist |

| |or special education coordinator |

| |Prior Written Notice |

Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received in writing), whenever the school district/agency: (1) proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The required content under 34 CFR §300.503(b) is listed below in this model form. The school district/agency must provide the notice in understandable language (34 CFR §300.503(c)).

Student: ______________________________ School: _______________________________

DOB: ____________ Grade: __________ Date of Notice: __________________

Prior Written Notice Under Part B of the IDEA

← Description of the action that the school district/agency proposes or refuses to take:

|At the parent’s request, ______ will no longer receive special education and related services, such as but not limited|

|to psycho-social rehabilitative services and speech-language therapy. _____ additionally will no longer receive the |

|protections of the Individuals with Disabilities Education Act (IDEA) disciplinary procedures if he violates the school|

|district’s/agency’s code of conduct. |

← Explanation of why the school district/agency is proposing or refusing to take that action:

|As allowed under the IDEA regulations at 34 C.F.R. 300.300(b)(4), the parent submitted written revocation of consent |

|for special education, related, and transition services. rvices. |

← Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action:

|Parent submitted written revocation of consent for special education, related, and transition services to the school |

|district or agency. |

← Description of any other choices that the individualized education program (IEP) team considered and the reasons why those choices were rejected:

|_____ has most recently been served in Special Education in the Emotionally Disabled (ED) Self-Contained setting. |

|However, the parent is going against the school’s recommendation and is revoking his consent for placement which will |

|take place on (date) . |

← Description of other reasons why the school district/agency proposed or refused the action:

|N/A |

← Resources for the parents to contact for help in understanding Part B of the IDEA:

|Protection and Advocacy for People with Disabilities, Inc. |

|Suite 208, 3710 Landmark Drive |

|Columbia, SC 29204 |

|(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY) |

| |

|Pro-Parents |

|652 Bush River Road, Suite 203 |

|Columbia, SC 29210 |

|803-772-5688, Toll Free: 1-800-759-4776 |

← If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards:

|Please refer to the Procedural Safeguards provided by your child’s Case Manager / Special Education Teacher. |

Questions and Answers

1. What is the “prior notice” requirement all about? And why and when do we have to

provide it?

The prior notice requirement, which has been if effect since passage of P.L. 94-142 in 1975, is intended to ensure full involvement of parents in educational decision making about their child. Prior written notice communicates information to parents any time the school or educational agency proposes, or refuses, to change the student’s identification, evaluation, placement, or provision of a free appropriate public education.

2. What are the most typical circumstances under which prior notice is required?

❖ Before initial evaluations.

❖ Before reevaluations, as considered every three years or more frequently if conditions warrant, or if the child’s parents or teacher requests a reevaluation.

❖ Before initially placing a child in any program for special education services.

❖ Before making a change in placement (e.g., in services specified in the IEP, such as adaptive P.E., speech therapy, amount of resource time provided, or for expulsion or long-term suspensions sufficient to constitute a change in placement).

❖ When proposing to initiate or change the identification of child.

❖ Before terminating a child from special education services.

❖ When refusing a parental request to initiate or change the identification, evaluation, or placement of a child.

❖ Before a change in the student’s long-term goals and/or short-term objectives that will constitute a change in the provision of a free appropriate public education (FAPE).

❖ Graduation from high school with a regular high school diploma constitutes a change in placement requiring written prior notice.

3. Is prior notice required when a school conducts screening with all children in a school, grade, or class?

No. The screenings are administered to all children, and procedures are used with all children in a school, grade, or class and do not require written notice.

4. Is the school required to provide written prior notice before (a) an IEP meeting, or (b) any change in an IEP, or does written documentation of a phone call meet the prior notice requirement?

Parent notification to set the time for an IEP meeting may be oral, written, or both, but must indicate the purpose, time and location of the meeting and who will be in attendance, and that they may bring others to the meeting. Importantly, a record of the efforts to contact parents must be maintained. The school must document that the above information listed is provided to the parent when contacted. The document recommended by Special Education Programs contains the prior written notice content requirements and the meeting notice requirements (Letter of Notification in Excent).

5. Is it necessary to send all prior written notices by certified or registered mail or to deliver them in person?

No. But utilizing certified or registered mail may be a good practice in certain situations.

6. Is it necessary to provide prior written notice when conducting the reevaluation that is required to be completed every three years?

Yes. The purpose of the reevaluation is to determine whether a child has a disability and continues to need special education, as well as to determine the nature and extent of special education services required.

7. Is prior notice required when changing the special education services that are specified on the child’s IEP (e.g., physical therapy, time in resource room, adaptive physical education, and self-contained classroom)?

Yes. Whenever a change is suggested from what was agreed to on the IEP, prior written notice is

necessary. The district and the parent may agree not to convene an IEP meeting for the purposes of making a change to the IEP. Prior written notice and a copy of the amendment document or the amended IEP must be sent to the parents.

8. Is prior written notice required for a change in a child’s long-term goals and/or short-term objectives?

Yes. Any changes to the IEP require prior written notice.

9. Is prior written notice required when exiting a child from special education services?

Yes. Exiting constitutes a change of placement.

10. Is prior written notice required when a child graduates?

Yes. Graduation has been defined as a change of placement and requires prior written notice.

11. Must prior written notice be provided to educational surrogate parents assigned to represent a child?

Yes. Educational surrogate parents must be provided prior written notice as they serve in the place of a child’s parents for educational purposes.

12. What is the purpose of providing a notice of meetings to be held regarding development of an Individualized Education Program (IEP)?

IDEA indicates that the school will take steps to ensure that one or both of the parents of a child with a disability are present at each meeting or are afforded the opportunity to participate, including — (a) notifying parents of the meeting early enough to ensure that they will have an opportunity to attend and (b) scheduling the meeting at a mutually agreed on time and place.

13. What elements must be included in the meeting notices?

There is a difference between the meeting notice and prior written notice. The meeting notice simply informs the parent of the purpose, time, and place for a meeting regarding their child.

Prior written notice informs the parent of why the school is proposing or refusing to make a change.

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