Sample PWN Possible Denial of FAPE

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South Carolina Public Charter School District
IEP Meeting Summary
Sample Possible Denial of FAPE (failure to implement IEP)
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
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)
Purpose: Special Review to determine whether a negative impact exists as a result of:
 the school’s failure to provide instructional accommodations in a manner consistent with how they are
written in the IEP, and/or
 the schools failure to provide accommodations on MAP testing in a manner consistent with how they are
written in the IEP, and/or
 the school’s failure to write an IEP that meets minimal compliance as defined by IDEA, and/or
Process: Review of data
- review of testing accommodations listed in the IEP on the date the MAP tests were administered
 discussion of the present levels of academic achievement and functional performance
(PLAAFP)
 review of the instructional accommodations listed in the IEP
 discussion of the linkage between the PLAAFP , the instructional accommodations, and the
testing accommodations
- discussion of negative impact, if any, due to administering MAP tests without the accommodations
listed in the IEP
- parent input
- teacher/staff input
or
- Review of what the current issue is (i.e. discuss what should have happened and what didn’t happen
like “didn’t provide progress reports in a manner consistent with the frequency stated in the IEP).
 discussion of the present levels of academic achievement and functional performance
(PLAAFP)
 discussion of the current progress towards the annual goals
- discussion of negative impact, if any, due to (insert the compliance issue)
o What would the current present levels look like?
SCPCSD IEP Meeting Summary & PWN page 2

Based on:
 parent input
 teacher/staff input
Determination of need for compensatory services
 Is there a discrepancy between the present level and “what would the present levels look like”
If no, NO DENIAL OF FAPE
If yes, then Development of plan for compensatory services provision, if appropriate
- amount of services needed to make up the deficit
- location of services
- person providing services
- measurement of progress
- documentation of provision of services
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)
__ 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.
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)
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 failure to implement the IEP.
Section D - PRIOR WRITTEN NOTICE
1. As a result of the IEP/Staffing meeting, the IEP/Staffing Team proposes or refuses (circle one) to:
Determine that a/no negative impact took place due to the school’s failure to implement John’s IEP as written.
As a result of this determination, John will receive/does not need compensatory services.
2. Explanation of why the school district/agency proposes or refuses to take this action:
The team is required to consider the possible denial of FAPE due to the school’s failure to implement John’s
IEP dated xx/xx/xxxx.
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
assessments, John’s current IEP, his current rate of progress, and input from parents and teachers. In addition,
the team reviewed the negative impact this failure to implement the IEP might have had on John’s access to and
progress in 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 John’s current rate of progress and determined it was/was not sufficient.
SCPCSD IEP Meeting Summary & PWN page 3
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 failure to implement the IEP in light of each student's
individual entitlement under IDEA to a FAPE as described in his/her IEP.
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
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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