Special Education

Prior Written Notice (PWN)

(sample from a CA local plan)

The Superintendent or designee shall send to parents/guardians of a student with a disability a prior written notice within a reasonable time before:

1. The district initially refers the student for assessment

2. The district proposes to initiate or change the student’s identification, evaluation, educational placement, or the provision of a free, appropriate public education

3. The district refuses to initiate or change the identification, evaluation, or educational placement of the student or the provision of a free and appropriate public education

4. The student graduates from high school with a regular diploma

This notice shall include:

1. A description of the action proposed or refused by the district

2. An explanation as to why the district proposes or refuses to take the action

3. A description of any other options that the district considered and why those options were rejected

4. A description of each evaluation procedure, test, record, or report the district used as a basis for the proposed or refused action

5. A description of any other factors relevant to the district’s proposal or refusal

6. A statement that the parents/guardians of the student have protection under procedural safeguards and, if this notice is not an initial referral for evaluation, the means by which a copy of the description of procedural safeguards can be obtained

7. Sources for parents/guardians to obtain assistance in understanding these provisions

Students with disabilities and their parents/guardians shall be provided written notice of their rights in language easily understood by the general public and in the primary language of the parent/guardian or other mode of communication used by the parent/guardian, unless to do so is clearly not feasible. The notice shall include, but not be limited to, those rights prescribed by Education Code 56341.

If the native language or other mode of communication of the parent/guardian is not a written language, the district shall take steps to ensure that:

1. The notice is translated orally or by other means to the parent/guardian in his/her native language or other mode of communication

2. The parent/guardian understands the contents of the notice

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(From OSEP letter)

... For example, there was great variance in determinations of whether certain Federal requirements were or were not applicable to certain student records. Since, in many cases, there was no annotation as to why a reviewer determined that the requirements were not applicable. It was impossible for CDE. In its compilations, to determine the accuracy of the determination (OSEP noted, for example, that the working papers for a number of student record reviews indicated "N/A" for the prior written notice requirements of 34 CFR 300.503. CDE staff could not explain how it was possible than an agency would make no proposal or refusal, requiring such notice to the parents of a child with a disability, regarding identification, evaluation, placement or the provision of FAPE.)....

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(CDE Best Practices on evaluations)

Parental Consent for Evaluation and Reevaluation

The federal Individuals with Disabilities Education Act (IDEA 97); California Education Code; and California Code of Regulations, Title 5, Education, contain specific protections for the identification, evaluation, and reevaluation of a student suspected of having a disability. Fundamental requirements are as follows:

1. A referral for the evaluation and identification of a student suspected of having a disability shall be coordinated with the procedures for the local educational agency’s (LEA’s) school-based plan. This coordination ensures that all resources of the general education program have been considered and, where appropriate, used.

2. Prior written notice shall inform the parent in his or her native language, unless doing so is clearly not feasible, whenever the LEA either proposes or refuses to:

• Initiate an evaluation of the child with a suspected disability.

• Change the educational placement of the child.

3. The content of the prior written notice to the parent of the child shall include:

• A description of the action proposed or refused by the LEA

• An explanation of the LEA’s proposal for action or refusal to take action

• A description of other options considered by the LEA and, if they were rejected, the reasons for rejection

• A description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action

• Any other relevant factors

• A statement that parents of a child with a disability have protection under the procedural safeguards of IDEA 97

• For reevaluations, a statement to instruct the parent about the means for obtaining a description of the procedural safeguards

• Resources that parents may contact for help in understanding the protections of procedural safeguards

4. Individual assessment plans that function as prior written notice must include all of the preceding content and describe the reasons or purposes for the evaluation; the types of testing and assessment procedures to be used in the evaluation; the student’s language proficiency as determined by the district; any recent assessments, including available independent assessments and any assessment information that the parent requests to be considered; specific alternative assessment methods and procedures, as appropriate; and general education program interventions.

5. Written and informed parental consent for a specific assessment plan must be received before any evaluation or reevaluation activities are initiated. However, such informed parental consent need not be obtained for reevaluation if the LEA can demonstrate that reasonable measures have been taken to obtain such consent and the parent has not responded.

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(PWN with Ed Code)

Prior Written Notice

The Superintendent or designee shall send to parents/guardians of a student with a disability a prior written notice within a reasonable time before: (Education Code 56500.4, 56500.5; 20 USC 1415(c); 34 CFR 300.503)

1. The district initially refers the student for assessment

2. The district proposes to initiate or change the student's identification, evaluation, educational placement or the provision of a free, appropriate public education

3. The district refuses to initiate or change the identification, evaluation or educational placement of the student or the provision of a free and appropriate public education

4. The student graduates from high school with a regular diploma

This notice shall include: (20 USC 1415(c); 34 CFR 300.503)

1. A description of the action proposed or refused by the district

2. An explanation as to why the district proposes or refuses to take the action

3. A description of any other options that the district considered and why those options were rejected

4. A description of each evaluation procedure, test, record or report the district used as a basis for the proposed or refused action

5. A description of any other factors relevant to the district's proposal or refusal

7. Sources for parents/guardians to obtain assistance in understanding these provisions

(cf. 5145.6 - Parental Notifications)

If the native language or other mode of communication of the parent/guardian is not a written language, the district shall take steps to ensure that: (34 CFR 300.503)

1. The notice is translated orally or by other means to the parent/guardian in his/her native language or other mode of communication

2. The parent/guardian understands the contents of the notice

3. There is written evidence that items #1 and #2 have been satisfied