Prior Written Notice - Anderson School District Five

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Prior Written Notice
“When in doubt, send it out !!”
Prior Written Notice (PWN) is a major component of the procedural
safeguards that schools must make available to special education
students and their parents. When completed accurately, the PWN
provides a clear record of decisions that have been made regarding
identification, evaluation, reevaluation, placement, and changes in FAPE
(Free Appropriate Public Education).
IN GENERAL, a PWN is provided to the parent after the IEP meeting but
before the changes to the IEP go into effect or an evaluation or
reevaluation is done. It is not necessary to send a PWN prior to a
meeting as long as a detailed Letter of Notification is sent.
To complete a PWN, the case manager will go to Excent:
Excent>Process>Prior Written Notice>Add New Action
Complete all sections of the PWN. Do not leave blanks. N/A should be
used if a section has no applicable response. It is best practice to
provide information for each section.
To assist you in completing PWN, various samples are included among
the following pages. Please note that these are only examples!! You
must make the information on your PWN fit your own particular
scenario; your unique student need.
DO NOT copy the examples word-for-word!!
Samples are included in this section for:





Referral but no evaluation
Initial Evaluation
Developing an IEP (Eligibility meeting held in prior meeting)
Initial Placement (Eligibility and Initial Placement together)
Does Not Qualify








No Longer Qualifies
Annual Review
Special Review
Change in LRE
Change in FAPE
Trienniel Evaluation
Manifestation Determination
Parental Revocation
Additionally, a Q&A is provided about Prior Written Notice at the end of
the Samples.
SAMPLE FOR “REFERRAL BUT NO EVALUATION”
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
After consideration of the parent’s request to refer _____ for a special
education evaluation, the team determined that the intervention
strategies utilized as a result of the Intervention Team process
appear to be working. Additional evaluation measures are not
warranted at this time.

Explanation of why the school district/agency is proposing or refusing to
take that action:
_____’s current classroom performance does not indicate the need
for a special education evaluation at this time.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
A structured phonics program was implemented along with a daily
guided reading session. This has increased _____’s performance
and we feel that _____ is progressing at a significant rate.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
_____’s classroom teacher has experience with research-based
reading strategies and is able to accommodate _____’s needs in the
general classroom.

Description of other reasons why the school district/agency proposed or
refused the action:
You have been an integral part of the Intervention Team and support
the strategies currently being utilized. You will continue to monitor
_____’s progress with us so that the evaluation process can be
revisited in the event _____ starts to struggle.

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
SAMPLE FOR “INITIAL EVALUATION”
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
The school is proposing to conduct an evaluation to determine
eligibility for special education. The evaluation process starts with a
review of information that we already know about _____. Following
this review, the evaluation team may need to collect additional
information in order to determine eligibility for special education.

Explanation of why the school district/agency is proposing or refusing to
take that action:
Our Intervention Team has been working with you and _____’s
teacher to increase _____’s reading ability. However, _____ has not
made adequate progress in acquiring basic reading skills.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
We considered the strategies used during the intervention process.
This included such things as specific practice on letter-sound
relationships, phonemic awareness, and decoding skills. The
evaluation process will also include a review of _____’s classroom
grades, report card grades, MAP scores and PASS scores.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
We considered waiting until March in order to give _____ more time
to catch on. However, we feel that waiting will likely place her further
behind.

Description of other reasons why the school district/agency proposed or
refused the action:
N/A

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
SAMPLE FOR “DEVELOPING IEP WHEN SEPARATE
ELIGIBILITY MEETING WAS PREVIOUSLY HELD”
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: _____________________________
DOB:
____________
Grade:
_________
School: _________________________________
Date of Notice: _______________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
The school proposes to classify _____ as a student with a learning
disability in the area of reading. The school also proposes to provide
her with specialized instruction in reading in a resource room with
other students with similar disabilities. Informed parental consent
for initial placement was obtained at an eligibility meeting held on
(date) .

Explanation of why the school district/agency is proposing or refusing to
take that action:
_____’s evaluation results indicate that h/she is a student with a
disability and it is unlikely that h/she will progress satisfactorily in
reading without highly specialized instruction.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
Teacher and reading specialist observations were conducted;
curriculum-based assessments, standardized reading and language
assessments, and a test of general intelligence were used to
determine that _____ has a learning disability in the area of reading.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
The team considered not providing special education for reading but
felt that _____’s progress would be insufficient to achieve
educational success. _____’s sensitivity to being singled out in the
general classroom caused the team to reject special education
services within her general classroom. The team also considered a
full-time special education program for _____ but determined that
h/she does not need assistance in other areas of learning nor the
intensity/restrictiveness of such a program.

Description of other reasons why the school district/agency proposed or
refused the action:
N/A

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
SAMPLE FOR “ELIGIBILITY MEETING/INITIAL
PLACEMENT HELD CONCURRENTLY”
PRIOR WRITTEN NOTICE
Part B
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
The school is planning a meeting to discuss your child’s eligibility for
Special Education services. If your child is found to be eligible and
you agree to those services, we will plan and develop an
Individualized Education Plan (IEP) which outlines the specific
services your child will receive.

Explanation of why the school district/agency is proposing or refusing to
take that action:
The school is required to review the results of an initial evaluation
(testing results) within 60 days of receiving your Consent for
Evaluation. The initial placement meeting will determine whether
your child is eligible for Special Education services and how to
deliver those services in the Least Restrictive Environment.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
The eligibility team will review results from the current
psychoeducational testing, district level assessments, classroom
assessments, report card grades and other relevant achievement
data as it relates to your child’s progress in the General Education
Curriculum.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
If your child is determined to be eligible for Special Education
services and is not placed, the team will discuss the resulting effects
on your child’s academic progress in the General Education
Curriculum.

Description of other reasons why the school district/agency proposed or
refused the action:
N/A

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
SAMPLE FOR “DNQ”
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
Upon completion of the most recent evaluation, the school district
finds that your child does not meet criteria for placement and thus
refuses to place your child in special education.

Explanation of why the school district/agency is proposing or refusing to
take that action:
Your child, ________, does not meet the eligibility requirements for
classification as a child with a disability under the IDEA 2004
regulations.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
A complete battery of assessments were administered to measure
____’s general learning aptitude and current academic achievement.
In addition to these formal tests, the team reviewed current work
samples, teacher observations, and input from the regular education
and special education teacher.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
Additional evaluations were discussed but the team decided that no
further evaluations are necessary at this time.

Description of other reasons why the school district/agency proposed or
refused the action:
N/A

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
SAMPLE FOR “NO LONGER QUALIFIES”
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
As part of the reevaluation process, the team reviewed all existing
data and determined that this data was sufficient to re-determine
____’s eligibility for placement in special education. The team
determined that ____ no longer meets the eligibility criteria for a
specific learning disability in reading and writing.

Explanation of why the school district/agency is proposing or refusing to
take that action:
The Individuals with Disabilities Education Act requires that a
reevaluation for the continued determination of eligibility in special
education be completed every three (3) years. The team determined
that no additional data was necessary to make the determination.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
The team determined that the testing from the prior evaluation done
in January 2005 was still current. Achievement data was reviewed
from ____’s most recent MAP scores. The current school year’s
grades, progress reports, work samples, and input from the special
education teacher and regular education teacher were reviewed.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
Based upon the review of existing data, the IEP team determined that
____ does not qualify for any other disability category.

Description of other reasons why the school district/agency proposed or
refused the action:
____ has demonstrated marked achievement in the areas of reading
and writing. He/she is fully included in the regular class and has
been receiving minimal support from the special education teacher.
Achievement scores and grade reports indicate that _____ is now
performing at grade level. Both of _____’s teachers feel that he/she
is able to maintain progress without special education services.

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
SAMPLE FOR “ANNUAL REVIEW”
(POST MEETING)
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
The IEP team reviewed ____’s progress and current program in
special education. A new IEP was developed with an update of
____’s present levels of performance and appropriate goals. The IEP
made a decision to increase _____’s level of service by adding an
additional 30 minutes of resource each day.

Explanation of why the school district/agency is proposing or refusing to
take that action:
Although ____ made slow progress toward his/her IEP goals, the
daily, extra service will help him/her to make more substantial
progress.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
The review of progress, goal achievement, and success in the
general classroom indicated that ____ still requires resource pull-out
services for reading. Increasing the resource time by 30 minutes
each day will allow ____ to participate in a 90-minute ELA block of
more intense reading instruction.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
The team considered maintaining ____’s level of special education
service but current achievement data clearly indicates a need for
increasing the previous IEP’s level of support and service time.

Description of other reasons why the school district/agency proposed or
refused the action:
N/A

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please see your child’s Case Manager / Special Education Teacher to
obtain a copy.
SAMPLE FOR “SPECIAL REVIEW”
(POST MEETING)
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
A special review meeting of _____’s IEP was held on __(date)__ . At
the meeting, we discussed adding oral accommodations and
extended time for written responses to his/her IEP.

Explanation of why the school district/agency is proposing or refusing to
take that action:
Based on ____’s learning disability in reading comprehension and
written expression, oral accommodations and the allowance of
extended time on writing assignments will increase his/her
performance in the general classroom. The IEP team feels that these
accommodations will provide the extra support for _____ so that
he/she will have greater access to on-grade-level content in the
general curriculum.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
The IEP team reviewed ____’s classwork, benchmark tests, unit
tests, and MAP scores. Teacher input was also provided at the
meeting.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
The team considered maintaining ____’s level of special education
service and not providing the accommodations to support him/her in
the regular classroom. This was rejected because the extra support
allows _____ to have greater participation and involvement in the
general classroom setting.

Description of other reasons why the school district/agency proposed or
refused the action:
____ is a hard-working student and will continue to have high
standards. He/she will utilize the accommodations properly to
strengthen his/her overall academic performance in the general
classroom setting.

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please see your child’s Case Manager / Special Education Teacher to
obtain a copy.
SAMPLE FOR “CHANGE IN LRE”
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
The school proposes that your child, ___________, be considered for
placement in the LD self-contained program at ___________ School
for the ___________ school year. The self-contained classroom is a
smaller class with a lower teacher-student ratio that provides a more
structured academic routine.

Explanation of why the school district/agency is proposing or refusing to
take that action:
The LD self-contained class, located at ___________ School is
closest to where your child currently attends school and will
continue to develop and expand your child’s educational
opportunities.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
Based upon this year’s progress of IEP goals, a more intense
academic program is recommended for ____. The self-contained
program will provide a smaller classroom setting and a
paraprofessional that assists the teacher in working with students
individually or in small groups.
When special education placement requires a student to change to a
different school, we honor Least Restrictive Environment by placing
in the school closest to your home.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
Moving _____ out of Special Education is not recommended at this
time because we are able to meet your child’s unique needs in our
Special Education program. We feel that the extra service provided in
the self-contained setting will allow ____ to progress at a faster rate
in closing his/her deficits in reading and math.

Description of other reasons why the school district/agency proposed or
refused the action:
N/A

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
SAMPLE FOR “CHANGE IN FAPE”
(YOU MUST CONSULT WITH A SPECIAL EDUCATION COORDINATOR)
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
_____’s parents are proposing a full-time paraprofessional to work
with _____ in the general education classroom.

Explanation of why the school district/agency is proposing or refusing to
take that action:
Upon review of _____’s progress, the IEP team determined that
he/she is progressing satisfactorily with the current level of services
which includes support form a paraprofessional for a portion of the
day during reading, writing, and math instruction in the general
classroom. ____ will receive an additional 30 minutes daily from the
special education teacher to support her goals of developing
organizational skills and independence.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
Teachers’ observations and input, grades, anecdotal records,
behavioral and progress reports were considered.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
The IEP team reviewed the parent’s request for a paraprofessional to
be assigned to support _____ during the 6-hour school day. After
reviewing the progress of IEP goals and getting input from the
general education and special education teacher, the team felt that
additional aide support would create dependence on this continuous
support, lessening his/her ability to develop independence and the
ability to self-monitor. At this time, _____ has been very successful
with part-time help from the paraprofessional.

Description of other reasons why the school district/agency proposed or
refused the action:
The amount of time with the paraprofessional was decreased last
school year when _____’s IEP was revised and rewritten. _____’s
progress in reading has steadily increased during this school year
and other academic areas are showing progress as well.

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
SAMPLE FOR “TRIENNIEL REEVALUATION”
(POST MEETING)
PRIOR WRITTEN NOTICE
Part B
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
_____’s determination for continued eligibility as a student with a
disability is due by __(date)__. The team reviewed all existing data in
the reevaluation process and determined that this data was sufficient
to re-determine _____’s eligibility as a student with a learning
disability.

Explanation of why the school district/agency is proposing or refusing to
take that action:
Federal law (Individuals with Disabilities Education Act) requires that
a reevaluation for the continued determination of eligibility be
completed every three (3) years. The team determined that no
additional information was necessary to make the determination.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
The team determined that the testing from the prior evaluation done
in January 2005 was still current. Achievement data was reviewed
from ____’s most recent MAP scores. The current school year’s
grades, progress reports, input from the special education teacher
and regular education teacher, along with samples of ____’s work in
the areas of reading and writing were reviewed.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
Based upon a review of the existing data, the IEP team determined
that ____ continues to qualify for a program in resource as a student
with a learning disability.

Description of other reasons why the school district/agency proposed or
refused the action:
Although _____ has made much progress in the areas of reading and
writing, he/she continues to perform below grade level and will not
maintain adequate progress without special education services.

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
SAMPLE FOR “MANIFESTATION DETERMINATION REVIEW ”
(POST MEETING)
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ________________________________ School: ___________________________________
DOB: _____________________
Grade: _________________ Date of Notice: ________________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
The IEP team determined that ____’s latest violation of student code
of conduct is a manifestation of his/her disability. Therefore, the
district will not proceed with expulsion but will implement the revised
IEP starting _(date)_.

Explanation of why the school district/agency is proposing or refusing to
take that action:
Upon reviewing ____’s discipline records and behavior intervention
plan, the team feels that the strategies regularly used to regulate
_____’s behavior are successful. However, his/her disability is
defined by the difficulty to manage his/her own behavior.

Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
The team reviewed ____’s most recent evaluation, functional
behavior assessment, and behavior intervention plan. Additionally,
the team got input from ____’s teachers concerning his/her overall
progress in meeting behavioral goals.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
The IEP team considered additional behavior supports, including a
very restrictive program on campus. However, this program would
not be the least restrictive environment to meet his/her needs.

Description of other reasons why the school district/agency proposed or
refused the action:
The team discussed other types of consequences that can be used
for a violation of conduct that would ordinarily result in removal from
school. Additionally, ____ and the principal entered into a positive
behavior contract for the next two months where _____ can earn
ongoing rewards for appropriate behavior.

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
SAMPLE FOR “PARENTAL REVOCATION”
YOU MUST CONSULT WITH A SCHOOL PSYCHOLOGIST
OR SPECIAL EDUCATION COORDINATOR
Part B PRIOR WRITTEN NOTICE
Under 34 CFR §300.503(a), the school district/agency must give you written notice (information received
in writing), whenever the school district/agency: (1) proposes to begin or change the identification,
evaluation, or educational placement of your child or the provision of a free appropriate public education
(FAPE) to your child; or (2) refuses to begin or change the identification, evaluation, or educational
placement of your child or the provision of a FAPE to your child. The required content under 34 CFR
§300.503(b) is listed below in this model form. The school district/agency must provide the notice in
understandable language (34 CFR §300.503(c)).
Student: ______________________________
School: _______________________________
DOB: ____________
Date of Notice: __________________
Grade: __________
PRIOR WRITTEN NOTICE UNDER PART B OF THE IDEA

Description of the action that the school district/agency proposes or refuses
to take:
At the parent’s request, ______ will no longer receive special
education and related services, such as but not limited to psychosocial rehabilitative services and speech-language therapy. _____
additionally will no longer receive the protections of the Individuals
with Disabilities Education Act (IDEA) disciplinary procedures if he
violates the school district’s/agency’s code of conduct.


Explanation of why the school district/agency is proposing or refusing to
take that action:
As allowed under the IDEA regulations at 34 C.F.R. 300.300(b)(4), the
parent submitted written revocation of consent for special education,
related, and transition services.
Description of each evaluation procedure, assessment, record, or report the
school district used in deciding to propose or refuse the action:
Parent submitted written revocation of consent for special education,
related, and transition services to the school district or agency.

Description of any other choices that the individualized education program
(IEP) team considered and the reasons why those choices were rejected:
_____ has most recently been served in Special Education in the
Emotionally Disabled (ED) Self-Contained setting. However, the
parent is going against the school’s recommendation and is revoking
rvices.
his consent for placement which will take place on

(date)
.
Description of other reasons why the school district/agency proposed or
refused the action:
N/A

Resources for the parents to contact for help in understanding Part B of the
IDEA:
Protection and Advocacy for People with Disabilities, Inc.
Suite 208, 3710 Landmark Drive
Columbia, SC 29204
(803) 782-0639, 1-866-275-7273 (voice) or 1-866-232-4525 (TTY)
Pro-Parents
652 Bush River Road, Suite 203
Columbia, SC 29210
803-772-5688, Toll Free: 1-800-759-4776

If this notice is not an initial referral for evaluation, how the parent can
obtain a copy of a description of the procedural safeguards:
Please refer to the Procedural Safeguards provided by your child’s
Case Manager / Special Education Teacher.
Questions and Answers
1. What is the “prior notice” requirement all about? And why and when do we have to
provide it?
The prior notice requirement, which has been if effect since passage of P.L. 94-142 in 1975, is
intended to ensure full involvement of parents in educational decision making about their child.
Prior written notice communicates information to parents any time the school or educational
agency proposes, or refuses, to change the student’s identification, evaluation, placement, or
provision of a free appropriate public education.
2. What are the most typical circumstances under which prior notice is required?
 Before initial evaluations.
 Before reevaluations, as considered every three years or more frequently if conditions
warrant, or if the child’s parents or teacher requests a reevaluation.
 Before initially placing a child in any program for special education services.
 Before making a change in placement (e.g., in services specified in the IEP, such as
adaptive P.E., speech therapy, amount of resource time provided, or for expulsion or
long-term suspensions sufficient to constitute a change in placement).
 When proposing to initiate or change the identification of child.
 Before terminating a child from special education services.
 When refusing a parental request to initiate or change the identification, evaluation, or
placement of a child.
 Before a change in the student’s long-term goals and/or short-term objectives that will
constitute a change in the provision of a free appropriate public education (FAPE).
 Graduation from high school with a regular high school diploma constitutes a change in
placement requiring written prior notice.
3. Is prior notice required when a school conducts screening with all children in a
school, grade, or class?
No. The screenings are administered to all children, and procedures are used with all children in
a school, grade, or class and do not require written notice.
4. Is the school required to provide written prior notice before (a) an IEP meeting, or (b)
any change in an IEP, or does written documentation of a phone call meet the prior
notice requirement?
Parent notification to set the time for an IEP meeting may be oral, written, or both, but must indicate
the purpose, time and location of the meeting and who will be in attendance, and that they may
bring others to the meeting. Importantly, a record of the efforts to contact parents must be
maintained. The school must document that the above information listed is provided to the parent
when contacted. The document recommended by Special Education Programs contains the
prior written notice content requirements and the meeting notice requirements (Letter of
Notification in Excent).
5. Is it necessary to send all prior written notices by certified or registered mail or to
deliver them in person?
No. But utilizing certified or registered mail may be a good practice in certain situations.
6. Is it necessary to provide prior written notice when conducting the reevaluation that is
required to be completed every three years?
Yes. The purpose of the reevaluation is to determine whether a child has a disability and
continues to need special education, as well as to determine the nature and extent of special
education services required.
7. Is prior notice required when changing the special education services that are
specified on the child’s IEP (e.g., physical therapy, time in resource room, adaptive
physical education, and self-contained classroom)?
Yes. Whenever a change is suggested from what was agreed to on the IEP, prior written notice is
necessary. The district and the parent may agree not to convene an IEP meeting for the
purposes of making a change to the IEP. Prior written notice and a copy of the amendment
document or the amended IEP must be sent to the parents.
8. Is prior written notice required for a change in a child’s long-term goals and/or shortterm objectives?
Yes. Any changes to the IEP require prior written notice.
9. Is prior written notice required when exiting a child from special education services?
Yes. Exiting constitutes a change of placement.
10. Is prior written notice required when a child graduates?
Yes. Graduation has been defined as a change of placement and requires prior written notice.
11. Must prior written notice be provided to educational surrogate parents assigned to
represent a child?
Yes. Educational surrogate parents must be provided prior written notice as they serve in the
place of a child’s parents for educational purposes.
12. What is the purpose of providing a notice of meetings to be held regarding
development of an Individualized Education Program (IEP)?
IDEA indicates that the school will take steps to ensure that one or both of the parents of a
child with a disability are present at each meeting or are afforded the opportunity to participate,
including — (a) notifying parents of the meeting early enough to ensure that they will have an
opportunity to attend and (b) scheduling the meeting at a mutually agreed on time and place.
13. What elements must be included in the meeting notices?
There is a difference between the meeting notice and prior written notice. The meeting notice
simply informs the parent of the purpose, time, and place for a meeting regarding their child.
Prior written notice informs the parent of why the school is proposing or refusing to make a
change.
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