Prior Written Notice (PWN) Training Rock Hill Schools Exceptional Student Education 2009

What is Prior Written Notice? Written notice/form that must be sent to parents within a reasonable time the school or district ……..

Proposes to initiate or change a student’s: Identification Evaluation Educational Placement of the student Provision of FAPE (Free, Appropriate Public Education)

OR…..

Refuses to initiate or change the student’s: Identification Evaluation Educational Placement Provision of FAPE Well, that covers just about everything!

Prior Written Notice (PWN) It’s a 1-page form that contains required, specific questions. It’s a summary of the major points, requests, discussions, decisions and supporting data made in an IEP meeting It’s been required since 2004 It’s a due process right

It’s Different from the Conference Notes Because it Requires… A short statement of each action proposed or declined by the district Details of WHY the district proposes or declined to take the action A description of data - each evaluation procedure, assessment, record or report used as the basis for the proposed or declined action

If It’s Sent AFTER the Meeting, Why Is It Called “Prior”? Prior to the decisions being acted upon Prior to the ACTIONs taking place Not prior to the IEP meeting Not prior to discussions/decisions Answering ALL the required questions prior to the meeting suggests predetermination and that’s a violation of due process rights!

What About “Prior” to the Meeting? Our Letter of Invitation takes care of requirements of letting the parents know what will be discussed at meeting. It is very important parents know what will be discussed. Be specific on your invitation letters about why you are meeting.

What If Parents Don’t Agree with the Team? The PWN “keeps the train on the track” and moving forward by defining the consensus of the IEP team Parents can disagree and file a complaint, but the decisions of the team (services and placement) continue during the compliant process – No “stay put” or a “grinding halt” to services if parent disagree

First Questions the Dept. of Education Asks Regarding a Complaint “Was Prior Written Notice provided to the parent?” “Can we get a copy of it?”

What Kind of ACTIONS Might be Described on a PWN? Any change in any type of service Minutes Related services Disability category ESY Setting Accommodations/ Modifications Instructional Methods Functional Behavior Analysis Behavior Intervention Plan Requests made and/or discussed by team members and/or parents

Sample situations Change in accommodations/modifications Initiation of transfer services for new student Initial placement Addition of PT/OT services Increase service time for S/L Moving from resource to self-contained

Procedures in Rock Hill: Within 5 school days, the PWN form is completed and the form is sent home to the parents Include the original PWN in IEP packet that is sent to Betsey Williams at ESE It is assumed that when the PWN and IEP packet reaches the FLEX Center, the PWN has been sent to the parent

Must PWN form be completed at the IEP meeting? No, but must be completed soon after meeting Can be completed at meeting, but not required Use Conference Record notes to help

Who completes the PWN? Anyone can complete it, but the Case Manager is responsible for: Ensuring completion Ensuring PWN gets to parent Ensuring PWN gets to ESE office within 5 days

Own your own, divide into small groups Stop groaning, you knew it was bound to happen…… Besides, we won’t be talking at you for a few minutes! Write a PWN for the following meeting:

What Did the Team Decide? Parent called a Special Review because she has an evaluation from Sylvan Learning for her son, Junior that indicates that he is 3-4 years below grade level in reading. She also has a note from the doctor saying the student has ADHD. The student is already receiving inclusion services for a learning disability in reading. Mom wants his label changed to OHI, but the rest of the team doesn’t agree. Mom wants intensive reading instruction by the ESE teacher at least an hour a day and want us to use a program she heard about while watching Oprah.

The Questions Description of the action the school district proposes/ declines to take Check Proposes or Declines Explanation of why the school district proposes or declines to take the action Description of any other options the IEP Team considered and the reasons why these options were not chosen Descriptions of evaluations, procedures, tests, records, or reports the school district used Any other relevant information

Again, what’s the big deal? It’s required by law It’s the best opportunity to provide a succinct, written explanation of the District’s side of the story, especially after a heated meeting. It provides evidence if the case goes to a hearing, both for the parents and for the district. It is not a new document, but emphasis on it has become much greater, and parents WILL be looking for it.

September ESE Teacher Meetings Bring to share a PWN that you complete between now and the last week in September

10/8/2015 Questions?