1. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
ACSA
Every
Child
Counts
Symposium
January
17,
2014
Presenters:
Heather
M.
Edwards,
A,orney
at
Law
Amy
Andersen,
Director,
El
Dorado
County
Charter
SELPA
IDEA
Procedural
Safeguards
• IDEA
establishes:
– Abstract
goals
–
requiring
districts
to
provide
each
child
with
a
disability
with
a
“free
appropriate
public
educa/on”
– Detailed
process
for
achieving
these
goals
–
/melines,
assessment,
formula/on
of
IEPs,
and
dispute
resolu/on
processes
all
specified
in
detail
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
1

2. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Purpose
of
PWN
• Provides
comprehensive
documenta/on
of
proposed
and
refused
ac/ons
made
• Ensures
LEA
and
parents
are
“on
the
same
page”
about
a
child’s
educa/onal
program
• Provides
parents
an
opportunity
to
voice
any
concerns
or
sugges/ons
• Provide
sufficient
informa/on
to
ensure
that
parent
understands
the
ra/onale
behind
an
LEA’s
decision
making
regarding
a
par/cular
proposed
or
refused
ac/on
Purpose
of
PWN
• Ensures
that
informed
parental
consent
is
obtained,
as
necessary
• Assists
parent
in
determining
basis
for
any
disagreement(s)
with
proposed
and/or
refused
ac/ons
addressed
in
the
PWN
and
whether
to
seek
resolu/on
of
any
dispute
through
local
dispute
resolu/on
procedures,
a
state
complaint,
media/on
or
a
due
process
hearing.
• The
U.S.
Department
of
Educa/on
(USED)
Office
of
Special
Educa/on
Programs
(OSEP)
opined
that
the
purpose
for
providing
PWN
is:
– to
ensure
that
a
parent
understands
the
special
educa/on
and
related
services
which
an
LEA
has
proposed
or
refused
to
provide
to
a
student.
If
a
parent
does
not
understand
the
services
being
proposed,
it
follows
that
the
parent
could
not
have
agreed
to
the
proposed
services.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
2

3. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Prior
Wri,en
No/ce
(“PWN”)
• Vital
component
of
procedural
safeguards
that
schools
make
available
to
special
educa/on
students
and
their
parents.
• Providing
/mely
and
correct
PWN
allows
a
clear
record
of:
– Decisions
that
have
been
made
–
but
not
yet
acted
upon
– The
basis
for
those
decisions
– Ac/ons
that
will
or
will
not
be
taken
Poten/al
Procedural
Viola/on
• Not
all
procedural
errors
give
rise
to
the
denial
of
FAPE.
• If
parents
have
not
been
denied
the
opportunity
for
meaningful
par/cipa/on
and
the
student
has
not
suffered
any
loss
of
educa/onal
opportunity,
then
student
may
have
received
FAPE
regardless
of
procedural
viola/ons.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
3

4. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
When
Should
PWN
Be
Provided?
Whenever
a
school
PROPOSES
or
REFUSES
to:
1. Ini/ate
or
change
iden1fica1on
of
a
student.
2. Ini/ate
or
change
evalua1on
of
a
student.
3. Ini/ate
or
change
educa1onal
placement
of
a
student.
4. Ini/ate
or
change
the
provision
of
free,
appropriate
public
educa1on
to
a
student.
34
C.F.R.
§
300.503(a).
When
Should
PWN
Be
Provided?
PWN
must
be
provided
within
a
reasonable
1me
before
any
of
these
4
ac/ons.
34
C.F.R.
§
300.503(a).
“We
do
not
believe
that
it
is
necessary
to
subs/tute
a
specific
/meline
to
clarify
what
is
meant
by
the
requirement
that
the
no/ce
be
provided
within
a
reasonable
period
of
/me,
because
we
are
not
aware
of
significant
problems
in
the
/ming
of
prior
wri,en
no/ces.
In
addi/on,
prior
wri,en
no/ce
is
provided
in
a
wide
variety
of
circumstances
for
which
any
one
/meline
would
be
too
rigid
and,
in
many
cases,
might
prove
unworkable.”
Analysis
of
Comments
and
Changes
(71
Fed.Reg.
46691
(Aug.
14,
2006).)
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
4

5. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Best
Prac/ce
• Provide
PWN
at
conclusion
of
IEP
mee/ng,
or
• Send
it
to
parents
aier
the
mee/ng
with
a
copy
of
the
IEP.
•
What
Circumstances
Require
PWN?
This
list
should
not
be
considered
as
an
exhaus/ve
lis/ng,
but
rather
used
as
a
guide
that
addresses
the
most
common
circumstances
that
a
local
educa/onal
agency
may
encounter
regarding
the
provision
of
PWN.
• Iden1fica1on
– Referral
for
ini/al
evalua/on
– Change
in
eligibility
category
• Evalua1on
– Consent
for
ini/al
evalua/on
or
reevalua/on
– Refusal
to
conduct
an
evalua/on,
including
an
independent
educa/onal
evalua/on
(“IEE”)
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
5

6. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
What
Circumstances
Require
PWN?
• Educa1onal
Placement
– Ini/al
placement
into
special
educa/on
– Any
change
in
educa/onal
placement,
or
refusal
to
to
so
– Gradua/on
with
regular
diploma
– Disciplinary
removal
for
more
than
10
consecu/ve
school
days
or
series
of
removals
– Disciplinary
removal
to
an
interim
alterna/ve
educa/onal
placement
for
not
more
than
45
school
days
What
Circumstances
Require
PWN?
• Provision
of
FAPE
– Generally,
this
means
any
change
to
the
type,
amount,
or
loca/on
of
special
educa/on
or
related
service
being
provided
to
child
would
trigger
PWN
requirement.
– Dele/on
or
addi/on
of
a
related
service
(or
refusal
to
do
so)
– Change
in
annual
goals
– Changes
in
accommoda/ons
or
modifica/ons
– Increase
or
decrease
in
special
educa/on
services
or
related
services
(or
refusal
to
do
so)
– How
student
will
par/cipate
in
statewide
and
district
wide
assessments
– Revoca1on
of
consent
(34
C.F.R.
§ 300.300(b)(4)).
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
6

7. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
PWN
Required
Even
if
Parent
Agrees
to
Changes
in
an
IEP
Team
Mee/ng
• If
during
an
an
IEP
mee/ng,
the
team,
including
parent,
agrees
to
a
change
in
the
child’s
services,
the
LEA
must
provide
wri,en
no/ce
of
such
change.
• Providing
such
no/ce
following
an
IEP
team
mee/ng
allows
the
parent
/me
to
fully
consider
the
change
and
determine
if
he/she
has
addi/onal
sugges/ons,
concerns,
or
ques/ons.
PWN
Not
Limited
to
Changes
with
which
Parent
is
in
Disagreement
• Nothing
in
IDEA
indicates
that
the
PWN
requirement
is
related
to
a
parent’s
aktude
toward
any
changes
proposed
or
refused
by
LEA.
• PWN
provides
clarity.
You
might
sit
in
a
mee/ng
and
think
you
agree
on
something.
Then
you
put
it
in
wri/ng,
and
disagreements
may
surface
aier
all.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
7

8. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
• Parents
oien
agree
to
certain
proposed
and/or
refused
ac/ons,
but
then
change
their
mind
later.
• The
fact
that
a
parent
does
not
make
an
issue
out
of
a
par/cular
decision
during
an
IEP
mee/ng
does
not
necessarily
mean
that
the
decision
will
not
at
some
point
in
the
future
be
the
basis
for
a
state
complaint,
media/on,
and/or
a
due
process
hearing.
• A
well
wri,en
PWN
is
great
documenta/on
that
parents
were
fully
aware
of
the
ra/onale
behind
any
proposed
or
refused
ac/on.
Is
PWN
Required
Before
Implemen/ng
a
Proposed
IEP?
• YES
• Wri,en
no/ce
shall
be
given
to
the
parent
a
reasonable
/me
before
it
implements
a
change
the
provision
of
FAPE
• The
no/ce
allows
the
parents
/me
to
seek
resolu/on
if
they
disagree
with
the
school’s
decision.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
8

9. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Is
PWN
Required
Regarding
a
Change
Requested
by
a
Parent?
• YES.
• Regardless
of
how
a
change
is
suggested,
it
is
the
responsibility
of
the
LEA
to
make
a
final
decision
and
actually
implement
any
determined
change.
Is
PWN
Required
Before
Conduc/ng
an
IEP
Mee/ng?
• NO.
• The
use
of
the
word
“propose”
may
be
confusing
because
it
could
be
interpreted
to
mean
that
PWN
is
required
before
the
school
considers
or
suggests
or
thinks
about
proposing
an
ac/on.
• But
remember
that
the
purpose
of
PWN
is
to
document
decisions
made
by
the
LEA
and
is
intended
to
give
parents
adequate
no/ce
before
the
decision
is
implemented.
• Generally,
no
proposal
exists
un/l
the
IEP
team
has
met
and
made
its
decisions.
• However,
a
mee/ng
no/ce
must
be
sent
prior
to
the
mee/ng.
• Make
sure
that
staff
and
parents
understand
the
dis/nc/on
between
a
mee/ng
no/ce
and
prior
wri,en
no/ce.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
9

10. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Don’t
Replace
IEP
Mee/ngs
with
PWN
• When
a
parent
makes
a
specific
request
(e.g.,
increased
speech
services),
schedule
an
IEP
mee/ng
to
discuss
to
avoid
claims
of
predetermina/on.
Is
PWN
Required
When
Student
Changes
Schools?
• PWN
not
required
where
a
child
is
simply
moving
from
elementary
school
to
middle
school
as
part
of
the
normal
progression
that
all
students
follow,
and
where
the
child's
program
will
be
substan/ally
and
materially
similar
to
their
elementary
school
program.
• However,
PWN
may
be
required
if,
for
example,
the
child
would
not
be
a,ending
the
middle
school
he
or
she
would
normally
a,end,
pursuant
to
an
IEP
team
decision.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
10

11. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
PWN
May
Be
Necessary
When
Changing
Loca/on
of
Placement
• Change
in
loca/on
due
to
school
closure
may
give
rise
to
a
“change
in
placement”
where
least
restric/ve
environment
considera/ons
are
at
issue.
• Even
if
same
services
are
being
implemented
at
a
new
school,
could
be
viewed
as
different
placement
if
opportunity
for
interac/on
with
nondisabled
children
are
affected.
Series
of
IEP
Mee/ngs
• LEAs
oien
find
themselves
having
to
convene
more
than
one
IEP
mee/ng
to
fully
develop,
review,
and/or
revise
an
IEP
• The
regula/ons
do
not
require
that
PWN
be
provided
aier
every
IEP
mee/ng
in
a
series
of
mee/ngs
while
the
IEP
is
s/ll
under
development,
no
final
IEP
is
being
proposed
and
parental
consent
is
not
being
sought.
• Providing
PWN
in
such
a
piecemeal
fashion
to
simply
document
the
discussions,
agreements,
disagreements,
proposed
and
refused
ac/ons
that
occurred
during
each
of
the
mee/ngs
is
not
required
by
state
and/or
federal
special
educa/on
laws
and
regula/ons.
• The
IEP
development
process
is
a
fluid
process,
wherein
previously
discussed
and
seemingly
agreed
upon
items
may
be
revisited
and
altered.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
11

12. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Is
PWN
Required
when
a
School
Conducts
a
Screening
with
all
Students
in
a
School/Grade/Class?
• If
screening
includes
basic
tests
that
are
administered
to
all
students,
or
procedures
that
are
used
with
all
students
in
a
school,
grade,
or
class,
PWN
is
not
required.
What
steps
should
a
school
district
take
when
it
receives
a
parents
wri,en
revoca/on
of
consent?
• School
districts
must
provide
the
parent
with
prior
wri,en
no/ce
in
accordance
with
34
C.F.R.
300.503
before
ceasing
the
provision
of
special
educa/on
and
related
services.
• Must
be
provided
within
a
reasonable
1me
before
the
district
ceases
services.
• U.S.
Dept.
of
Ed.
expects
districts
to“promptly”
respond
to
receipt
of
wri,en
revoca/on
of
consent
by
providing
PWN.
• This
provides
parents
the
necessary
informa/on
and
/me
to
fully
consider
the
change
and
determine
if
they
have
any
addi/onal
ques/ons
or
concerns
regarding
the
discon/nua/on
of
services.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
12

13. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
What
steps
should
a
school
district
take
when
it
receives
a
parent’s
wri,en
revoca/on
of
consent?
• A
school
district
may,
but
is
not
required
to,
offer
to
meet
with
the
parents
to
discuss
their
concerns.
• However,
any
addi/onal
mee/ngs
must
be
voluntary
and
cannot
delay
or
deny
the
discon/nua/on
of
special
educa/on
services.
• A
school
district
may
inquire
as
to
why
a
parent
is
revoking
consent,
but
may
not
require
the
parent
to
provide
an
explana/on.
• Remember:
school
districts
are
not
required
to
“convince”
parents
to
accept
special
educa/on
services
that
are
offered,
nor
to
“dissuade”
parents
from
revoking
consent.
Best
Prac/ce
Tip
• If
you
are
ques/oning
whether
a
specific
situa/on
warrants
the
need
for
PWN,
it
is
recommended
that
you
prepare
a
properly
comprised
PWN
to
address
the
issue.
• Be,er
to
have
provided
the
no/ce
and
find
that
it
was
not
required
than
to
have
not
provided
the
no/ce
and
find
that
it
was
required.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
13

14. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
What
Content
Should
the
Prior
Wri,en
No/ce
Include?
• 7
Items
PWN
Must
Contain
1. Descrip/on
of
ac/on
proposed
or
refused
by
school
2. Explana/on
of
why
school
proposed
or
refused
to
take
the
ac/on
3. Descrip/on
of
each
evalua/on
procedure,
assessment,
record,
or
report
the
agency
used
as
a
basis
for
the
proposed
or
refused
ac/on
4. Statement
that
parents
of
the
child
with
a
disability
have
protec/on
under
IDEA
and,
if
this
no/ce
is
not
an
ini/al
referral
for
evalua/on,
the
means
by
which
a
copy
of
a
descrip/on
of
procedural
safeguards
can
be
obtained.
34
C.F.R.
§
300.503(b).
What
Content
Should
the
Prior
Wri,en
No/ce
Include?
• 7
Items
PWN
Must
Contain
5. Sources
for
parents
to
contact
to
obtain
assistance
in
understanding
the
provisions
of
IDEA
6. Descrip/on
of
any
other
op/ons
the
IEP
team
considered
and
the
reasons
why
those
op/ons
were
rejected
7. Descrip/on
of
the
other
factors
relevant
to
the
school’s
proposal
or
refusal
34
C.F.R.
§
300.503(b).
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
14

15. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Means
of
Providing
PWN
• Except
for
requiring
that
no/ce
be
in
wri/ng,
neither
federal
nor
state
special
educa/on
regula/ons
specify
the
format
in
which
PWN
must
be
provided.
• Any
of
the
following
formats
are
permissible:
– Formal
le,er
on
le,erhead
– Fill
in
the
blank
form;
– Online
system
generated;
– E-­‐mail;
or
– Use
of
the
IEP.
PWN
Can
Include
the
IEP
Document
Itself.
• “There
is
nothing
in
the
[IDEA]
or
these
regula/ons
that
would
prohibit
a
public
agency
from
using
the
IEP
as
part
of
the
prior
wri,en
no/ce
so
long
as
the
document(s)
the
parent
receives
meet
all
the
requirements
in
Sec.
300.503.”
Analysis
of
Comments
and
Changes
(71
Fed.Reg.
46691
(Aug.
14,
2006).)
• Ask
yourself….
Does
the
child’s
IEP
include
all
7
required
components
of
PWN?
• If
not,
you
should
provide
parents
a
PWN
along
with
a
copy
of
the
IEP
to
ensure
all
components
are
covered.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
15

16. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Using
Electronic
IEP
Forms
• If
using
an
online
program
(such
as
SEIS)
to
prepare
PWN
do
not
let
the
prescribed
allowance
of
characters
limit
the
content
and/or
length
of
the
document.
• Ensure
that
the
program
allows
sufficient
room
for
capturing
all
of
what
needs
to
be
wri,en
into
the
no/ce.
• Otherwise,
use
a
supplementary
document
to
accompany
the
online
document
or
complete
the
en/re
document
separately.
Who
May
Develop
PWN?
• Neither
federal
nor
state
special
educa/on
regula/ons
require
that
PWN
indicate
who
prepared
it
and/or
who
provided
it
to
the
parent.
• PWN
may
be
prepared
and
provided
by
– Case
manager
– IEP
team
chairperson;
or
– LEA
representa/ve
• Best
prac-ce:
should
be
someone
who
has
“firsthand”
knowledge
of
what
was
discussed
during
the
decision-­‐making
process
associated
with
any
proposed
and/
or
refused
ac/ons.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
16

17. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Parental
Disagreement
with
PWN
• PWN
is
completed
by
the
LEA,
not
the
parents.
• It
is
based
on
the
informa/on
which
was
provided
by
the
parent,
along
with
other
members
of
the
team,
orally
and/or
wri,en,
during
the
decisionmaking
processes
associated
with
the
evalua/on,
iden/fica/on,
placement,
and
provision
of
FAPE
for
their
child.
• Parents
cannot
require
an
LEA
to
add,
subtract,
or
otherwise
include
informa/on
in
PWN
if
the
LEA
does
not
deem
it
necessary.
Single
PWN
for
Mul/ple
Ac/ons
Allowed
• There
is
nothing
in
the
federal
and
or
state
special
educa/on
laws
and
regula/ons
which
would
prohibit
an
LEA
from
including
all
of
its
proposed
and
refused
ac/ons
into
a
single
prior
wri,en
no/ce,
as
long
as
there
is
a
descrip/on
of
each
ac/on
that
was
proposed
or
refused.
• The
descrip/on
provided
should
be
wri,en
as
a
statement
that
is
factually
grounded
or
informa/ve,
rather
than
being
wri,en
in
a
vague,
generic,
and
norma/ve
format.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
17

18. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
PWN
Must
Be
Understandable
• PWN
must
be
wri,en
in
language
understandable
to
the
general
public
• Provided
in
na/ve
language
or
other
mode
of
communica/on
used
by
parents,
unless
clearly
not
feasible
to
do
so.
– If
na/ve
language/mode
of
communica/on
is
not
wri,en
language,
school
must
take
steps
to
translate
PWN
orally
or
by
other
means
ensuring
parent
understands
the
no/ce.
– School
must
document
steps
taken
to
ensure
parent
understands
no/ce.
34
C.F.R.
§
300.503(c).
PWN
Must
be
in
WRITING.
• Providing
parents
with
verbal
no/ce
as
a
subs/tute
for
wri,en
no/ce
does
not
fulfill
the
PWN
requirements
of
the
IDEA,
regardless
of
whether
the
verbal
no/ce
is
substan/vely
proper
• Example:
Parent,
believing
child
needed
more
interac/on
with
typical
peers,
requested
a
less
restric/ve
placement.
• IEP
team
agreed
to
place
student
in
general
educa/on
class
for
several
weeks
for
half
of
the
day
on
a
trial
basis.
• Acceding
to
parent's
wishes,
district
agreed
not
to
record
the
change
in
the
IEP,
but
to
refer
to
it
as
"an
assessment
period"
aier
which
the
team
would
reconvene.
Then
parent
filed
complaint
claiming
that
the
district
commi,ed
procedural
viola/ons.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
18

19. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
PWN
Must
be
in
WRITING.
• IDEA
does
not
carve
out
different
categories
of
placement,
some
of
which
must
appear
in
an
IEP,
and
some
which
need
not.
"Whether
a
new
placement
is
deemed
'temporary,'
'diagnos/c'
or
an
'assessment
period,'
under
the
law,
it
must
be
reflected
in
the
IEP,”.
• District
violated
IDEA
by
failing
to
note
the
change
in
the
document,
although
it
did
so
at
the
parent's
request
• PWN
requirement
is
unequivocal
and
recognizes
no
excep/ons
for
'personally'
no/fying
parents
of
the
proposed
change.”
Pikes
Peak
Bd.
of
Coopera-ve
Educ.
Services,
9
ECLPR
15
(SEA
CO
2011).
PWN
S/ll
Required
for
Amendments
to
IEPs
• Rather
Than
Redraiing
En/re
IEP,
A
Wri,en
Document
May
Be
Developed
to
Amend
or
Modify
a
Child’s
Current
IEP,
Aier
the
Annual
IEP
Team
Mee/ng
for
a
School
Year
[34
CFR
§
300.324(a)(4)].
• Amendment
May
Be
Made
by
Either:
– En/re
IEP
Team
at
IEP
Mee/ng,
or
– Parent
and
District
Agree
Not
Necessary
to
Convene
an
IEP
Mee/ng
to
Make
Such
Changes
• PWN
s1ll
required
for
amendments
to
IEPs
whenever
any
of
the
4
ac/ons
are
taken.
• IEP
amendment
must
contain
required
7
points
of
informa/on.
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
19

20. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Tips
for
Crea/ng
Compliant
PWN
• Avoid
using
phrases
such
as
“N/A”
or
“see
above”
– There
may
be
instances
in
which
no
other
op/ons
were
considered,
if
so,
avoid
using
the
phrases
“no
other
op/ons
considered,”
“none,”
or
“not
applicable”
without
an
explana/on.
• Example:
There
were
no
other
factors,
outside
of
those
listed
above,
that
were
considered
by
the
IEP
team.
Neither
the
parents,
nor
any
LEA
personnel
par-cipa-ng
in
the
mee-ng,
presented
any
other
factors
that
needed
to
be
considered.
Tips
for
Crea/ng
Compliant
PWN
• Ensure
each
item
of
informa/on
is
understandable
on
its
own
merit.
– Don’t
rely
on
another
form
or
document
to
convey
informa/on
that
PWN
must
communicate
(e.g.,
“see
Psych
Evalua/on”
• Avoid
abbrevia/ons
and
educa/onal
jargon
• Review
it
with
parent
if
possible
• Be
sure
PWN
is
dated
(and
that
date
is
correct)
• Acknowledge
that
you
considered
parent’s
requests
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
20

21. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Tips
for
Crea/ng
Compliant
PWN
• Document
any
oral
or
wri,en
informa/on
provided
by
parent
from
a
private
provider,
– Iden/fy
the
provider
by
name
– Ensure
that
the
wri,en
documenta/on
can
also
be
easily
iden/fied,
such
as,
the
type
of
informa/on
being
provided
(i.e.,
psychological
evalua/on,
le,er
from
physician,
etc.)
– Date
the
document
was
prepared
and/or
provided
• Example:
The
IEP
team
considered
a
psychological
evalua-on
from
Dr.
Noe
Itall,
which
was
completed
on
January
12,
2013.
The
evalua-on
was
provided
by
the
parents
during
an
IEP
mee-ng
convened
on
January
23,
2013.
Tips
for
Crea/ng
Compliant
PWN
• The
IDEA
does
not
require
that
schools
ask
parents
to
acknowledge
the
receipt
of
prior
wri,en
no/ce.
– However,
given
poten/al
ramifica/ons
for
not
sending
no/ce,
schools
should
consider
how
to
document
the
fact
that
no/ce
was
sent.
• Clearly
ar/culate
what
your
LEA
is
proposing
or
refusing
to
do
– Use
asser/ve
language
when
describing
LEA’s
ac/ons
– The
District
“proposes”
or
“refuses”
rather
than
the
District
“feels”
or
“believes”
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
21

22. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Tips
for
Crea/ng
Compliant
PWN
• Avoid
“cukng
and
pas/ng”
from
previously
completed
PWN
documents,
especially
when
it
involves
another
child,
and
have
someone
“proofread”
prior
to
issuing
it
to
parents
to
ensure
that
school
avoids
common
mistakes,
– Referring
to
a
child
by
the
wrong
gender/name,
– Misspelling
names,
– Entering
other
“incorrect”
informa/on.
• Such
errors
may
not
result
in
a
denial
of
FAPE,
but
could
give
parents
impression
that
IEP
team
either
does
not
know
their
child
or
that
it
did
not
base
its
proposed
or
refused
ac/ons
on
informa/on
relevant
to
their
child
• Addi/onally,
it
could
give
impression
that
school
does
not
value
the
importance
of
the
PWN
and
could
also
compromise
privacy.
Sample
PWNs
•
•
•
•
•
•
Ini/al
Assessment
Triennial
Assessment
Independent
Educa/onal
Evalua/on
Denial
of
Requested
Service
Gradua/on
Revoca/on
of
Consent
for
Special
Educa/on
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
22

23. The
Power
of
Prior
Wri,en
No/ce:
When,
Why,
and
How
to
Use
It
January
17,
2014
Presenter
Contact
Informa/on
Heather
M.
Edwards
GIRARD
&
EDWARDS
Tel:
(916)
706-­‐1255
Fax:
(916)
706-­‐2672
Email:
edwards@girardedwards.
com
Presented
by
Heather
Edwards,
Girard
&
Edwards
and
Amy
Andersen,
El
Dorado
County
Charter
SELPA
Amy
Andersen
El
Dorado
County
Charter
SELPA
Tel:
(530)
295-­‐2453
Fax:
(530)
676-­‐4337
E-­‐mail:
aandersen@edcoe.org
23