ISD 200 Special Services Practices Statement Dev 9/11 Last Rev 12/14 Prior Written Notice: Educational Evaluation/Re-Evaluation A prior written notice (PWN) is required whenever the district proposes or refuses to initiate or change the identification, evaluation, educational placement or provision of FAPE to the child. CFR § 300.503 (a)(1-2) Examples of when PWN is required include: o Conducting an evaluation. o Refusing parental request for an evaluation. o Refusing service (or not changing placement) when a student is evaluated and found not eligible. o Initiating services through an initial IEP*. o Changing placement or services as part of an annual IEP*. o Discontinuing services through exiting or graduating. *For IEP-related PWNs, the notice should capture the details from the IEP meeting and those specifics should already be in your conference notes taken at the time of the meeting. Compliance Standards for PWN – Evaluation/Re-Evaluation 1) Description of the action proposed or refused Points of clarification o Action proposed includes a full sentence that describes an initial evaluation or a 3year evaluation. Also reference the specific assessments and evaluators listed with the attached table. o In describing the proposed action, be clear and specific. o Do not use “and/or” or “as needed” when listing tests in your evaluation plan, unless it is clear what would trigger the test’s use. o Identify staff conducting the assessment by name and or title. Identifying “sped staff” or “staff” is too generic. Non-Compliant Example of Action Proposed: o Three-year evaluation. See attached evaluation plan. Compliant Example of Action Proposed: o “The IEP team is proposing to conduct a three-year re-evaluation (or initial evaluation). Specific data to be reviewed and assessments to be conducted are documented in the attached evaluation plan.” 2) Explanation of why the action is being proposed or refused Points of clarification o Write at least one full sentence that describes why the evaluation is being proposed. o For an eval, the action is often proposed to determine initial or continued eligibility for special education. ISD 200 Special Services Dev 9/11 Practices Statement Last Rev 12/14 o PWN must also be used to describe a reevaluation in response to a student’s changing educational needs that may be evidenced by behavior issues or lack of progress. Non-Compliant Examples: o It’s time. o Evaluation is needed. o Legally need to provide an evaluation every three years. Compliant Examples: o The district is proposing to evaluate your child to determine if he/she has a disability and is in need of special education services. (Initial evaluation) o ___ is due for a three-year re-evaluation to determine continued eligibility for special education services. This evaluation will provide more current information for educational program planning. (Re-evaluation) o Pre-referral interventions were unsuccessful. ___’s teachers continue to have concerns regarding ___’s academic progress. (Initial evaluation) o Due to ___’s significant progress in language noted by his/her parents and teachers in the past two years since entering preschool, the IEP team agreed a comprehensive evaluation is needed at this time prior to when the three-year re-evaluation is due to provide the IEP team with more current data to inform educational programming and placement decisions. (Re-evaluation) o An evaluation plan for Susan is being proposed to determine continued eligibility for special education services, and to further identify needs in the areas of language, reading and behavior to assist him/her IEP team in developing an appropriate education plan to meet his/her needs (Re-evaluation). 3) Description of other considered, and the reasons why they were rejected Points of Clarification o There are always other options. o Reflect on discussions during evaluation planning, and document any aspect the team discussed which did not end up being part of the evaluation plan. Make sure to use the wording ‘This (topic) was rejected (or ‘decided against’) because . . . ‘ in that section. Examples of what might have been considered and rejected during evaluation planning could include assessing a particular domain, using a particular test procedure, test adaptations needed, timing of conducting assessments or the evaluation itself, location of testing, etc. o Other options could also include delaying the evaluation, conducting another prereferral intervention, just reviewing existing data Non-Compliant Examples: o The team considered all options. o N/A o Blank (no-answer) ISD 200 Special Services Practices Statement Dev 9/11 Last Rev 12/14 Compliant Examples: o The team considered proposing an additional reading assessment, such as the Test of Early Reading Ability, but in reviewing the scores on the most NWEA and the progress on his reading goal, the team decided that there is enough existing data to determine his educational needs in reading. o The team considered adding a/an [state domain area not being evaluated] evaluation in the evaluation plan, but decided against that option because there were no identified concerns in that area. o The team considered delaying the evaluation until another pre-referral intervention was implemented, but rejected that option because the student’s behavior has resulted in increased urgency for the need for the evaluation. (Initial evaluation) o The team considered also conduction the Peabody Picture Vocabulary Test-4 in the Communication area, but rejected that option due to determining ___’s present levels of performance in the vocabulary area will be adequately assessed with the other tests indicated in that domain. 4) Description of each evaluation procedure, assessment, record, or report test used as a basis for the proposed or refused action Point of Clarification: o This component is asking for documentation of what the IEP team used to determine the set of test procedures on the proposed evaluation plan. o It cannot refer to the test procedures in the proposed evaluation plan itself as serving as the basis for the evaluation plan. Non-Compliant Examples: o See attached. o See progress reports. Compliant Examples: o The team used data from pre-referral interventions, and input from Jessica’s parents and classroom teacher to determine the areas to be assessed. (Initial evaluation) o The team used parent and teacher input, classroom performance, progress monitoring data, behavior charts, and district and statewide assessment results to determine the areas to be assessed. 5) Description of any other factors considered relevant Points of Clarification: o In this section, document something related to the unique needs or special considerations required for the learner. o In developing the IEP or Eval, discussion consideration of special factors may include: Behavior Limited English Proficiency Sensory disability specifics (e.g. Blind/VI or Deaf H/H) Communication Needs Assistive Technology ISD 200 Special Services Practices Statement Dev 9/11 Last Rev 12/14 o Frequent medical appointments Positioning requirements Distractibility No other factors (It is OK to put “None” on the PWN as long as there is no evidence to suggest otherwise) This section cannot be left blank. Non-Compliant Example: o Blank (no answer). Write “None” if there are no special factors. Compliant Examples: o ___ passed the vision and hearing screenings conducted on ___ (If the screenings are “old,” does the teacher have any concerns?) o ___ is an English language learner, and English is not spoken in the student’s home. (Impact on testing? Need cultural liaison?) o ___ has a behavior plan. See attached behavior plan dated . . . , . , ---o ___ will be in grade 9 before the next comprehensive evaluation, so a post-secondary transition evaluation will be conducted. o Ryan has a diagnosis of Attention Deficit/Hyperactivity Disorder (ADHD) and will need testing sessions broken into smaller segments to obtain accurate results. ISD 200 Special Services Practices Statement Dev 9/11 Last Rev 12/14 Prior Written Notice: IEP A prior written notice (PWN) is required whenever the district proposes or refuses to initiate or change the identification, evaluation, educational placement or provision of FAPE to the child. CFR § 300.503 (a)(1-2) Examples of when PWN is required include: o Conducting an evaluation. o Refusing parental request for an evaluation. o Refusing service (or not changing placement) when a student is evaluated and found not eligible. o Initiating services through an initial IEP*. o Changing placement or services as part of an annual IEP*. o Discontinuing services through exiting or graduating. *For IEP-related PWNs, the notice should capture the details from the IEP meeting and those specifics should already be in your conference notes taken at the time of the meeting. Compliance Standards for PWN - IEP 1) Description of action proposed or refused Points of Clarification: o It is important to write clear and full sentences in this section about what you are proposing. o For an INITIAL IEP, generally describe the main contents of the IEP and reference the initial IEP meeting date. o For an ANNUAL IEP, the action must describe specific goals, services or changes from the previous IEP. Examples of changes could include additions or deletions of goals and objectives, services, state testing-related items, adaptations, assistive technology, an increase or decrease in service times or frequency, extended school year (ESY) services, location of services and/or placement. o Do not use this section to describe WHY. That’s question #2. Non-Compliant Examples: o Annual IEP o New IEP o See attached IEP Compliant Examples: o The IEP team is proposing to provide continued direct instruction in reading to address ___’s specific learning disability. He/She will continue to receive services in the resource room as well as accommodations and modifications in the classroom. The reading goal in the Academic domain of this new IEP changed from the previous IEPs goal of developing phonemic awareness skills to now targeting ___’s development of letter-sound (phonics) and sigh word vocabulary skills. (Annual/IEP) ISD 200 Special Services Dev 9/11 Practices Statement Last Rev 12/14 o The IEP team is proposing to implement the IEP developed at the (date) IEP Team Meeting. The proposed IEP includes goals addressing ___’s communication, language and functional academic and fine motor needs and includes services from a Specific Learning Disability Teacher. Speech/Language Pathologist and Occupational Therapist. Please see the attached IEP. (Initial/IEP) o Following the IEP team discussion on (date), the IEP team is proposing to add 60 – minute per week of direct speech/language therapy service beyond what was received on the previous IEP. The district is also refusing the parents’ request to add a full-time paraprofessional to the student’s program. Please see the attached IEP. (Annual/IEP) 2) Explanation of why the action is being proposed or refused Points of Clarification: o Full sentences, which describe why the new IEP or changes to the IEP are being proposed o Details the reason the district is proposing this IEP or these particular services. o The explanation can refer to the IEP in general or specific services proposed in the IEP. Non-Compliant Examples: o It’s time for a new IEP. o Yearly meeting. Compliant Examples: o ___ has been identified with a specific learning disability in reading and requires direct instruction in order to make sufficient academic progress. o The IEP team determined that the services reflected in the proposed IEP (attached) continue to be appropriate for the student, with new goals and objectives in independent travel and self-advocacy skills added to reflect ___’s increased independence and age. o ___ has significant cognitive and communication disabilities, which make many mainstream classes inappropriate to address his/her needs. o The consequences of not taking 10th grad social studies is that ____ will not meet traditional graduation requirements and will not have the coursework necessary to meet college admission standards. o ____ has not made sufficient progress on his Individual Education Program goals and continues to demonstrate a need for special education and related services to address his Specific Learning Disability in reading. 3) Description of other options considered, and the reasons why they were rejected Points of Clarification: o Reflect on the discussion at the IEP meeting and document any aspect of the IEP the team discussed which did not end up being part of the IEP. Make sure to use the language. ‘This [topic] was rejected (or ‘decided against’) because . . . .’ in that section. o Teams must always be able to identify other options. Examples could include: ISD 200 Special Services Practices Statement Dev 9/11 Last Rev 12/14 Additions or deletions of goals and objectives Services Classes/credits/coursework State testing-related items, adaptations, assistive technology, An increase or decrease in service times or frequency, Extended school year (ESY) services, Location of services, placement, and/or services requested by parent that are being provided by outside agencies. Non-Compliant Examples: o N/A o Blank (no answer) o All options were considered. o The team considered increasing or decreasing service time, but determined the services proposed in the IEP are best to meet the needs of the student. Compliant Examples: o The team considered placing the student in a level 4 setting, but decided against that option because the student is able to make sufficient progress in the level 3 setting. o The team considered reducing the child’s direct service time, but decided against that option because the team continues to feel the amount of services are required to meet ___’s needs based on recent progress measurements and reports. o (If student is NOT having Extended School Year services, provide rationale here.) The IEP team considered summer ESY services for ___, but rejected that option due to determining he/she did not meet ESY criteria. 4) Description of each evaluation procedure, assessment, record, or report test used as a basis for the proposed or refused action. Points of Clarification: o Basis could include: Parent and teacher input, Classroom performance, Formal assessment results, or Progress on previous IEP goals and objectives Non-Compliant Example: o 3- year evaluation Compliant Examples: o The team considered the results of ___’s most recent formal re-evaluation (report dated ___) to determine areas of need and appropriate services. o [Student’s] progress reports, general education classroom performance, parent input and district test results were used as the basis for the proposed IEP. ISD 200 Special Services Practices Statement Dev 9/11 Last Rev 12/14 5) Description of any factors considered relevant Points of Clarification: o This section cannot be left blank. o In developing the IEP, consideration of special factors which may include: Behavior Limited English Proficiency Sensory disability specifics (e.g. Blind/VI or Deaf H/H) Communication Needs Assistive Technology Frequent medical appointments Positioning requirements Distractibility No other factors (It is OK to put “None” on the PWN as long as there is no evidence to suggest otherwise) Non-Compliant Examples: o Blank o N/A Compliant Examples: o ___ is an English language learner and English is not spoken in the student’s home. Spanish is the language spoken in the home. o ___ has a behavior plan. See attached. o ___ uses multiple technological supports in the general education setting for communication and meeting academic expectations. See the Adaptations section of the IEP. o ___ benefits from scheduled breaks and a sensory diet of multiple activities to promote calming and self-regulation. o The team considered the option of ___ taking all credits required in 10th grade, but decided that his/her transition goals would best be met by exempting him/her from Civics and having him/her work on social/communication and organizational IEP goals in floral design. o No other factors (It is OK to put “None” on the PWN as long as there is not evidence to suggest otherwise).