Sample PWN Initial Eligibility and Possible Denial of FAPE

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South Carolina Public Charter School District
IEP Meeting Summary
Sample Eligibility and Possible Denial of FAPE (60-day timeline)
Student’s Name:
DOB:
Date of Meeting:
Section A - MEETING ATTENDANCE:
The following members of the IEP/Staffing team attended the meeting:
All 4 positions MUST be in attendance unless the parent has not responded to 2 different invitations with at least 3
days’ notice OR you have written parent consent to excuse the member whose area will be discussed (which
requires written input to the team by the member prior to parent giving consent) or you have parent agreement in
writing to excuse the team member whose area will NOT be discussed.
LEA Representative
Regular Education Teacher
Special Education Teacher
Parent
School Psychologist or Speech Language Therapist
If the team gathered additional information from an OT, PT, SLT, or other professional and that person cannot
attend the meeting, there must be someone there who is able to interpret the results of that part of the assessment;
the team must have that person’s written input prior to the meeting; and the parent must give written consent to
excuse that person from the meeting.
Section B -- MEETING SUMMARY: (Clearly and legibly provide a summary of the meeting)
The meeting was called to order and after introductions, the purpose of the meeting was discussed:
1) Review of evaluation results and determination of eligibility for special education services.
2) Discuss the potential denial of FAPE due to the school's having exceeded the 60-day timeline for the evaluation.
1) Review of evaluation results . . . . .
a) review of information
b) determination of eligibility
2) The team then discussed the potential denial of FAPE due to the school's exceeding of the 60-day evaluation
timeline. The evaluation should have been completed on xx/xx/xxxx, but was not completed until xx/xx/xxxx. The
team discussed the impact this may have had on the timely provision of special education services and determined,
based on the review of data, that there was/was not a denial of FAPE.
a) Due to the denial of FAPE, the team determined that the IEP team would determine what compensatory
services would be necessary, how these would be delivered, by whom, and within what time frame. The IEP team
will meet within 30 days of this eligibility determination. OR
b) Since the team determined there was no negative impact due to exceeding the evaluation timeline, there was
no denial of FAPE.
The meeting was concluded.
Section C - ACTIONS TAKEN: (Summary from Meeting minutes) As a result of this IEP/Staffing meeting, we
have made the following determinations: (check all that apply)
SCPCSD IEP Meeting Summary & PWN page 2
__ We have reviewed existing information and determined that additional data are needed to determine
eligibility for special education and related services and have developed an Evaluation Plan.
X We have determined the student is eligible or ineligible for special education and related services.
(Requires Evaluation/Reevaluation Report & Documentation of Eligibility)
 We have completed a Reevaluation Review Plan. (Requires a Revaluation Review Plan)
 We have proposed a change in disability. (Requires Evaluation Results Summary & Eligibility
Determination)
X We have conducted an Initial IEP/Annual Review and have developed a new IEP in EXCENT. (Requires
Medicaid Release)
 We find the current IEP to be appropriate and have made no changes.
 We have revised the current IEP in the following areas and all changes have been made in EXCENT.
(Requires a PWN)
Section 1 – Cover Page/Transition
Section IV – Goals/Objectives
Section VI - Testing
Section 2 – Present Levels
Section V – Services
Section VIII -Special Factors
Section 3 – Accommodations/Modifications/Supplementary Services
Section IX – LRE
X Other: We have discussed the possible denial of FAPE due to exceeding the 60-day initial evaluation
timeline.
Section D - PRIOR WRITTEN NOTICE
1. As a result of the IEP/Staffing meeting, the IEP/Staffing Team proposes or refuses (circle one) to:
proposes to identify XX as being eligible to receive services under the category of xx. Additionally, the team
proposes that a/no negative impact took place by exceeding the 60-day evaluation timeline.
2. Explanation of why the school district/agency proposes or refuses to take this action:
based on the review of information gathered during the evaluation process, the team determined that XX met
eligibility criteria and as a result of the disability, needed specialized instruction in order to access and progress
in the general curriculum. The team also based the decision of the negative impact of exceeding the 60-day
timeline on the review of data concerning educational impact.
3. Description of each evaluation procedure, assessment, record, or report the school district used in deciding
to propose or refuse the action:
The team reviewed information from records, current classroom performance, previous state and district
assessment, input from parents and teachers, and additional information gathered through the evaluation
process in the areas of XX’s birth, developmental and educational history, health, vision, hearing, English
language proficiency, speech-language communication, cognitive processing, academic achievement, adaptive
behavior, social-emotional, and motor skills. In addition, the team reviewed the negative impact exceeding the
60-day timeline might have had on XX's timely receipt of special education services and access to the general
curriculum.
4. Description of any other choices that the IEP team considered and the reasons why those choices were
rejected:
The team considered accommodations in the general education setting alone, but determined that XX needed
specialized instruction in addition to accommodations in order to access and progress in the general curriculum.
5. Description of any other reasons why the school district proposed or refused (circle one) the action:
The team discussed the possible denial of FAPE due to exceeding the 60-day timeline in light of each student's
right under IDEA to have an evaluation completed within the specified timeline.
If parent attended, provide a copy of this form and copy of the IEP to the parents.
If parent did not attend, send parent a copy of this form and IEP to the parents.
Students with disabilities and their parents have protection under the procedural safeguards of IDEA. A copy of
these procedural safeguards and, if needed, assistance in understanding the provisions of the procedural safeguards
may be obtained, by contacting the student's special educator, building administrator, SC Public Charter School
SCPCSD IEP Meeting Summary & PWN page 3
District’s Office of Special Education at 803-734-8067, the SC Department of Education, Office of Exceptional
Children, Ombudsman at 803-734-2833, or PRO-Parents 652 Bush River Rd # 203, Columbia, SC 29210-7573
(803) 772-5688.
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