Prior Written NoticeOctober 10, 2011

The Texas Education Agency has recently

clarified and expanded the use of Prior Written

Notice (PWN) in Special Education

What should be included in the PWN?A description of the action proposed or refused by the agencyAn explanation of why the agency proposes or refuses to take the

actionA description of each evaluation procedure, assessment, record, or

report the agency used as a basis for the proposed or refused actionA 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

Sources for parents to contact assistance in understanding provisions of this part

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

Other important informationMake sure you understand the distinction

between the ARD committee invitation and PWN.The invitation is not a PWN

Must an LEA provide PWN regardless of whether the parent agrees or disagrees with the changeYes. An LEA must provide PWN regardless of

whether the parent agrees or disagrees with the change

When to provide PWNSchool districts must provide a

parent or an adult student with Prior Written Notice when it proposes or refuses to initiate or change the student’s identification, evaluation, placement, or how the student is provided a free appropriate public education (FAPE).

When to provide PWNSchool districts are also required to provide PWN to a parent or adult student before it ceases to provide special education and related services in response to the parent’s or adult student’s revocation of consent for the continued provision of services.

When to provide PWNIn addition, a school district must provide PWN before implementing an Individualized Education Program (IEP) with which the parent or adult student agrees or disagrees.

District ProceduresThe Prior Written Notice form has been

updated and is located on the Special Ed Manager

If the parent does not waive the 5 days, then the school must wait 5 days before implementing the new IEP.PWN must be completed immediately after the

ARD to ensure the IEP is implemented in a timely manner.

If the parent waives the 5 days, the IEP may be implemented the following day and the ARD documents serve as the PWN

continuation…A copy of the PWN must be given to the

parent and a copy must be filed in the Eligibility folder with the ARD document.

If changes to the IEP affect more than one area, staff members need to work together to incorporate all information on one PWN.

Proposal or refusal to initiate or change something related to: Yes No

Identification of Student

Screening X

Response to Intervention X

Eligibility for Special Education X

Category of Eligibility X

The following chart identifies when a Prior Written Notice is required

Proposal or refusal to initiate or change something related to: Yes No

Evaluation of the Student

Collection of new data for initial evaluation and reevaluation X

Review of Existing Evaluation Data X

Parent request for FIE X

Parent request for IEE and district agrees X

Parent requests IEE and district refuses X

Refusal to Evaluate X

Educational Placement of the Student YES NO

Initial educational placement into special education. X

Relocation of the special education program (placement is not the same as location)

X

Move to more restrictive environment X

Move to less restrictive environment X

Dismissal from Special Education X

Graduation with regular diploma X

Disciplinary removal for more than 10 consecutive school days

X

Disciplinary removal for not more than 10 school days X

Relocation to DAEP for more that 10 days (provided after the manifestation review)

X

Provision of FAPE to the Student YES NO

Deletion or addition of instructional or related services X

Increase or decrease in special education instructional services or related services

X

Refusal to increase or decrease an instructional or related service

X

Changes to the IEP(For inst. or related services) X

Changes, additions, or deletions to classroom accommodations X

Changes, additions, or deletions to classroom accommodations (For inst. or related services)

X

Changes, additions or deletions of annual goals and objectives X

Changes, additions or deletions of annual goals and objectives (for inst or related services)

X

Change in how a student will participate in statewide assessment

X

Consideration of the 11 Autism Strategies X

How to get to the PWN on Sped Manager

Select the Student

Select Notice of Decision

You can also find PWN on page 7 of the ARD

Notice of Decision buttonwill open the Notice of Decisionform

Important things to remember

If the parent is at the ARD, explain that if they agree with the recommendations and agree to waive the 5 days PWN the IEP can be implemented immediately.If they do not waive the 5 days then we have to wait 5 school days before implementing the IEP.**if the parent comes back within those 5 days and does not agree with a decision made at the ARD, another ARD must be held

Have the parent checkeither option and initial

If the parent is not at the ARD……But present by telephone, parent can agree over

the phone to waive the 5 day PWN and you can check the box on page 7 and write a note on it

…but the parent gives permission to have the ARD without them, contact the parent and ask if they want the IEP to be implemented immediately. If so, check the box on page 7 and write a note on it.

…and you did not get a hold of the parent before the ARD then PWN has to be issued.

****Note in the minutes how the PWN was waived or not waived

Questions?