Let's talk Prior Written Notice (PWN). In MA, you may hear the term N1 (the notice of proposed school district action) or N2 (notice of school district refusal to act). Here is what it looks like: https://www.doe.mass.edu/sped/iep/forms/english/n1.docx and https://www.doe.mass.edu/sped/iep/forms/english/n2.docx.

Every single time there is a proposal or rejection, the Team is required (formally- with cogent, logical explanations) to either accept or reject ANY suggestion, request, and proposal that an IEP Team member makes (*this is you*!).

📌This MUST include in writing via the forms above📌

1. A description of the actions PROPOSED or REFUSED by the school district / you (!)

2. An explanation of WHY the action was proposed or refused

3. A description of EACH assessment procedure, record, or report the school used as a basis for the proposal or refusal

4. A statement that parents have protection under the procedural safeguards

5. Sources for parents to contact to find help in understanding the provisions of PWN

6. A description of other OPTIONS that IEP team considered AND the reasons the options were rejected; and

7. A description of any OTHER FACTORS relevant to the action proposed or refused.

‼️TAKE ADVANTAGE of the PWN and the #'s above. Before your meeting, ✅set your Agenda and send to the Team. ✅Email all requests/proposals for each and every item you want to deliberate in the meeting. ✅Repeat these proposals verbally in your meeting. "Based upon the findings and recommendations in ___’s report, we are formally proposing Johnny receive ____ (ex: 5x60 minutes of OG provided by an OG Certified Reading Instructor.) Do you agree or disagree?" (Wait for answers and follow the forms). This proposal must be in the PWN and it must describe your proposal and follow the PWN requirements above.

❓But, what if their PWN does not account for this proposal or isn't accurate of what occured? Notes are only as good as the notetaker (in this case, their N2). Do not let it stand; do not wait. CORRECT the inaccuracy/ies.

❓How? Write your own PWN to the school! Keep it factual. Dear Mrs. So-and-So, Thank you for meeting on ___. We would like to clarify what occurred at ___ meeting and what the Team agreed to/disagreed with regarding our proposal. We proposed (#1 __description of proposal). We proposed this because (#2, ex: reading 2 levels below grade level). This proposal was based and supported by the ___(#3 explanation of why you proposed __). During the meeting you stated Johnny did not need OG. You did not provide data or evaluations. You stated Johnny appeared to be reading "at grade level" in the classroom. The Team did not provide a description of any evaluation, assessment, record or report used as a basis for refusing our proposal. We, however, provided the team documentation in the form of (#3 why you proposed, giving an explanation of each evaluation, assessment, record and report). This ___ contradicts your observation of Johnny in the classroom, however the Team did not provide a logical explanation for refusal of this proposal. In addition, there were no other considered options provided by the Team. (and so forth with your account of the meeting, keeping it factual and brief). Correcting the inaccuracies provides you with written documentation should you decide to take next steps via your procedural safeguards (due process, state complaint, etc). Take a hold of your rights! And never stop learning - Here are some links to learn more! https://www.wrightslaw.com/.../iep.disputes.popup.resp7... PWN to follow in a meeting. I use a form similar to this (PDF and word doc). https://www.wrightslaw.com/advoc/tips/bonnell.iep.attach.htm Model PWN Form: https://www.wrightslaw.com/idea/law/model.pwn.form.pdf Sample Letter Requesting Notice https://www.askresource.org/.../Sample_Letter_Requesting... Sample Letter Correcting PWN from School https://www.wrightslaw.com/info/pwn.throw.flag.htm#letter Federal Reg to see content of notice: https://www.law.cornell.edu/cfr/text/34/300.503

#priorwrittennotice #iepeligibility #iepmeeting #iepteam #FAPE #dyslexia #specialeducationadvocate #specialeducation #specialeducationlaw #IEPforms #N1 #pwn

I have been contacted several times this week regarding Parents’ Independent Evaluations, so I wanted to shed some light on the topic. 

“Within ten school days from the time the school district receives the report of the independent education evaluation, the Team shall reconvene and consider the independent education evaluation and whether a new or amended IEP is appropriate.” This is very simple. This means, ten schools days from receipt of report, the Team is *required by law* to reconvene, consider, and make an eligibility determination. The district cannot ignore this report and send you a consent form for their turn to evaluate, or tell you what they feel is “best,” or perhaps what they would like to do next and therefore, delay the determination of eligibility. Can the team request further evaluations? Yes (and, your consent to this is optional), but this consent does not negate their legal obligation to read, review, and appropriately agree/counter/or deny your proposals. Now, I want to repeat a word - the Team must meet and "consider" the evaluation results. The Team may meet, “consider,” and disagree with your report. However, by failing to meet and ignoring your report, they have essentially predetermined their rejection of the recommendations without a glance.

So, as a parent and EQUAL team member, what can you do? Leave little to question. Be proactive. How? Take this report from consideration mode to a proposal/s. Proposals require an answer. Put pen to paper and transform these recommendations into direct, concrete proposals prior to your meeting (in writing!). Next, request these proposals at your meeting triggering Prior Written Notice. Prior written notice must contain a comprehensive description of the action proposed (or refused) by the school system. According to IDEA, the notice must include:

1. a description of the action proposed or refused by the school;

2. an explanation of why the school proposes or refuses to take the action;

3. a description of each evaluation procedure, assessment, record, or report the school used as a basis for their decision;

4. a statement that the parents of a child with a disability have protection under the procedural safeguards and, how the parents can obtain a copy of them;

5. sources for parents to contact to obtain assistance in understanding these provisions;

6. a description of other options that the IEP Team considered and the reasons why those options were rejected; and

7. a description of other factors relevant to the school’s proposal or refusal.

The team must make a decision based on this evaluation. They can develop a full or partial IEP. If your child is found eligible, they are to immediately develop an IEP. Private evaluations can be extremely expensive. Don’t allow this resourceful, thorough document be ignored by the school. Please reach out if you have any questions regarding your rights!