1. Notice: An Overview Podcast Script Laura LaMore, Consultant, OSE-EIS August 4, 2010 1

2. Welcome On behalf of Eleanor White, Office of Special Education and Early Intervention Services (OSE-EIS) at the Michigan Department of Education (MDE) WELCOME! This podcast details Notice for Provision of Services and Programs and is part of a series of 9 podcasts designed to walk and talk you through the state model forms for Individualized Education Program (IEP) and Notice. 2

3. Getting Started We want to thank you for tuning in. My name is Laura LaMore and I am a consultant with the OSE-EIS. Before we get started, if you have not already done so, we recommend that you download the Notice forms and Quick Reference Guide to view with this podcast. 3

4. The provision of Notice is a separate activity designed to conclude the IEP process. It is no longer a “section” of the IEP. 4 Notice for Provision of Services and Programs

5. Purpose The purpose of the Notice for Provision of Services and Programs is to inform; it is also the evidence of the district’s offer of a Free Appropriate Public Education (FAPE). It is required that the district provide Notice for the Individualized Education Program (IEP) process. Though the Notice form is not part of the IEP form, it is an essential part of the IEP process and aligns with the IEP form. 5

6. Purpose cont’d. Adopting a uniform standard for the Notice form is beneficial and helps meet compliance requirements. There are two Notice forms: 1.Notice for Initial Provision of Services and Programs; and 2.Notice for Provision of Services and Programs. 6

7. Reasons for Providing Notice Notice is sent either to – offer a provision of a FAPE; or – to provide notice that the student was not found eligible for special education services. Use Notice for Initial Provision of Services and Programs to conclude the process for IEP team meetings resulting from an initial evaluation. Use Notice for Provision of Services and Programs to conclude the process for all other IEP team meetings (i.e. Reevaluation or Annual/Review). 7

8. The first form we will be discussing is the Notice for Initial Provision of Services and Programs. 8

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10. Initial Provision of Services and Programs When an initial IEP is being offered to the student, consent is required from the parent before the IEP can be implemented. The section indicating an offer of an initial FAPE at the top and the Parent Consent section at the bottom are shaded in gray to reinforce their connection. 10

11. IEP Team Meeting Date The date of the IEP team meeting identified on the IEP form must match the IEP team meeting date on the Notice form. A district has 7 calendar days to provide Notice to the parent following the conclusion of the IEP team meeting. 11

12. Implementation Date The implementation date is also a requirement for Notice. Establishing the implementation date of an initial IEP must be a thoughtful process. 12

13. Implementation Date The Michigan Administrative Rules for Special Education (MARSE) requires that a district implement an IEP for a student within 15 school days of providing Notice to the parent. A district must receive parent consent before implementing an initial IEP. 13

14. Implementation Date (Continued) If a parent does not provide written consent to the district within 10 calendar days of receiving Notice, the district is not required to implement the initial IEP. If a parent does not provide written consent or refusal within 10 calendar days of receipt of Notice, it is recommended that the district (after making additional attempts to contact the parent) inform the parent in writing of their decision to close the IEP process without implementation. 14

15. Ineligible (Initial) If the IEP team finds the student not eligible, parent consent is not required. The district will meet its obligation for the IEP process upon sending Notice to the parent. 15

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17. Notice Requirements The second form we will be discussing is the Notice for Provision of Services and Programs Written notice must be given to the parent of a student with a disability a reasonable time before the district: – Initiates or changes the identification, evaluation or educational placement of the student – Initiates or changes the provision of a FAPE – Refuses to initiate or change the identification, evaluation or educational placement of the student – Refuses the provision of a FAPE to the student NOTE: This provision applies even if the IEP is revised without convening an IEP Team Meeting 17

18. The purpose of the IEP team meeting, the IEP team meeting date, and the implementation date identified in Section 1 of the IEP form must match the documentation on the Notice form. 18 Review/Reevaluation IEP

19. If an IEP amendment was held to make minor changes to a student’s IEP, the district must complete this section, including the date of the amendment in order to meet the obligation of Notice. 19 Amendment

20. Ineligible (Reevaluation) If the IEP team finds the student not eligible, the district will meet its obligation for concluding the IEP process upon sending Notice to the parent. 20

21. Options Considered but not Selected: The IEP form and the Notice form are designed to talk to each other. Therefore, it is recommended that a district use the Notice form at the IEP team meeting to capture items that were considered but not selected. The reason for the non-selection is also required. As practiced throughout the IEP process, provide an evidence- and data-based decision when identifying the reason for non-selection. 21

22. Other Factors Describe any other factors leading to the proposal or refusal of services and programs discussed during the IEP meeting. 22

23. Resident/Operating District The first IEP team meeting conducted on behalf of a student who is being placed outside of the district must be convened by the resident district. All subsequent meetings may be convened by the operating district if the resident district provides permission on the Notice form. When a resident district authorizes an operating district to conduct subsequent IEP team meetings, the operating district is in the position to offer a FAPE. 23

24. Procedural Safeguards Notice Procedural Safeguards Notice must be provided to parents at least once a year. The Notice must state that the parent has protection under the procedural safeguards and provide a way in which a copy of the Procedural Safeguards Notice can be obtained. It is also required that a district provide additional resources to parents in order to assist them in understanding their rights. 24

25. District’s Offer of a FAPE The signature and date on the Notice form and the accompanying IEP form together constitute the district’s offer of a FAPE. A FAPE is not considered offered until Notice has been provided. 25

26. Parent Consent (Initial only) Parent consent is required for the initial provision of services and programs. After receiving Notice from the superintendent or designee, the parent has 10 calendar days to provide the district with written consent for special education services and programs. 26

27. Parent Consent (Continued) Parent consent is not required after the initial provision of consent is provided. Should a parent disagree with the outcome of an IEP team meeting, they may enlist their rights as identified in the Procedural Safeguards Notice. 27

28. Parent Consent (Continued) Options for disagreeing/dispute resolution may include but are not limited to: – requesting additional evaluations, – requesting a new IEP team meeting in order to bring different participants to the table, – requesting an IEP facilitator, – requesting mediation, or – filing a due process hearing complaint. 28

29. 29 Quick Reference Guide Notice for Provision of Services and Programs

30. Contact OSE-EIS – Main (517) 373-0923 – www.michigan.gov/ose-eis www.michigan.gov/ose-eis Your local Intermediate School District (ISD) Monitor The Michigan Alliance for Families – http://www.michiganallianceforfamilies.org http://www.michiganallianceforfamilies.org Michigan Special Education Mediation Program (MSEMP) – http://msemp.cenmi.org http://msemp.cenmi.org 30