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New York State Education Department(NYSED)

Prior Written Notice (Notice of Recommendation)

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Prior Written Notice

Notice of Recommendation

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Background

 One reason that NYSED has mandated the use of a State form is that prior written notice provided by school districts to parents has not always fully informed parents of the information they are entitled to have.

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Regulatory Requirement

Prior written notices issued during the 2011-12 school year, and thereafter, must be on a form prescribed by the Commissioner.

Districts are encouraged to begin now to use the State’s model form prior to its mandatory use.

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NYSED Release of Prior Written Notice

January 2010 release memo and associated materials available at:http://www.p12.nysed.gov/specialed/formsnotices/

Attachment 1-Prior written notice form Attachment 2-Directions to use form Attachment 3-Information to assist school districts to

complete the form Attachment 4-Examples of information that might be

included in a prior written notice Attachment 5-Prior written notice Questions and Answers

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Prior Written Notice What is it?

Written statements from the school district that inform the parent about any recommendations relating to the: identification, evaluation, educational placement of a student with a

disability (or suspected of having a disability) or the provision of a free appropriate public

education (FAPE).

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Prior Written Notice When must a district provide it?

A reasonable time before the district proposes or refuses to initiate or change the identification, evaluation, educational placement, or the provision of FAPE to the student.

If an action proposed by the district requires parental consent, the district must give prior written notice at the same time it requests parent consent.

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Required Information

Description of the action(s) proposed or refused Explanation of why the action is proposed or refused Description of each evaluation procedure, assessment,

record, or report used as a basis for the proposed or refused action

Description of other options considered and the reasons why those options were rejected

Description of other factors that are relevant to the proposed or refused action

A statement about parent protections under Procedural Safeguards and means by which a copy can be obtained

Sources for parents to contact to obtain assistance Additional information related to the subject of the Notice

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Prior Written Notice Form

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Prior Written Notice Form (cont.)

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Identifying Information

Date: March 2, 2010Mr. and Mrs. George Harrington     55 Chestnut St.Anytown, NY 45678

Dear Parent(s) or Guardian of Barbara HarringtonStudent’s DOB: 1/2/92     Local ID #: 12345   

The purpose of this notice is to inform you, in writing, of the school district’s recommendation regarding the identification, evaluation, educational placement and/or provision of special education services to your child.

Subject of the notice: Reevaluation

Anytown Central School DistrictPrior Written Notice

(Notice of Recommendation)

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Description of the Action Proposed or Refused

The Committee proposes to conduct a three-year reevaluation of your child to determine the continued need for special education services and, if so, to develop an individualized education program (IEP) that describes the special education services your child will receive.

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Explanation of Why the Action is Proposed or Refused

An individual evaluation of your child’s special education must be conducted at least once every three years to determine continuing eligibility for special education services and, as appropriate, the contents of the individualized education program (IEP). Barbara’s last

individual evaluation was completed in May 2007.

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Description of Each Evaluation Procedure, Assessment, Record or Report used in the Decision to Propose or Refuse the Action

Summary report of May 2007 reevaluation Functional behavioral assessment – April 2008 IEP for the 2009-10 school year and related progress

reports Classroom observations – May 2008, May 2009

The Committee reviewed the above existing evaluation information to determine what, if any new assessments need to be conducted as part of the reevaluation and these assessments were discussed with you in a telephone conversation on Feb. 2, 2010.

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For an Initial or Reevaluation - Description of the Proposed Initial or Reevaluation and the Uses to be Made of the Information

Psychological assessment Speech and language assessment Classroom observation A review of the Functional Behavioral Assessment

conducted in April 2008 and progress reports on the implementation of the behavioral intervention plan

Information gathered as part of the reevaluation will assist the Committee in determining Barbara‘s individual needs, educational progress and achievement, ability to participate in instructional programs in general education and her continuing eligibility for special education services.

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Description of Any Other Options Considered and the Reasons Why Those Options Were Rejected

The group that reviewed existing evaluation information, in consultation with the parent, determined that a new functional behavioral assessment is not needed, but rather the Committee would consider the results of the functional behavioral assessment conducted in April 2008 in conjunction with progress reports from the behavioral intervention plan as part of the reevaluation.

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Description of Other Factors that are Relevant to the Proposed or Refused Action

None

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Protection under the Procedural Safeguards of the Regulations of the Commissioner of Education

A copy of the Procedural Safeguards Notice may be obtained by contacting the school district at (123) 456-7890 and asking for Bob Smith.

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Sources You May Contact to Obtain Assistance in Understanding the Special Education Process

Alyson Smith, Special Education Parent Center(123) 598-7654

Dr. Jones, Director of Special Education (123) 456-7890

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Additional Information Related to the Subject of the Notice

Your written consent to the proposed reevaluation is requested and a consent form is enclosed. You may also submit evaluation information which will be considered by the Committee as part of the reevaluation.

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Additional Required Information and Enclosures

Depending on the subject of the prior written notice, law and regulations require that the parent be provided additional information beyond what the State has preprinted on the form.

The State has provided sample language to assist districts to meet these requirements and insert appropriate information on the prior written notice form for: Additional information related to the subject of the

notice Enclosures

See:http://www.p12.nysed.gov/specialed/formsnotices/PWN/att3-info.htm

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Example: Initial Evaluation Preschool Student School-age Student

Statements: Request for written consent; Right to consent or to withhold

consent; Selection of a preschool program

to conduct the evaluation of the child, evaluator list and procedures;

Parent right to submit evaluation information.

Enclosures: Parent consent form; Procedural Safeguards Notice; List of approved evaluators; Procedures to select an approved

evaluator.

Statements: Request for written consent; Parent right to submit evaluation

information.

Enclosures: Parent consent form; Procedural Safeguards Notice.

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Subjects of Prior Written Notice that Require Additional Information and/or Enclosures to be Included in Prior Written Notice

Initial evaluation Reevaluation Initial provision of services Declassification recommendation Graduation with local high school/Regents diploma Receipt of IEP diploma

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Closing

You have the right to address the Committee, either in person or in writing, on the appropriateness of the Committee’s recommendations. If you have any questions or would like to request a meeting to further discuss information contained in this notice, please contact Bob Smith at 555-2315.

Sincerely,

Dr. Karen JonesDirector of Special Education

Services

Enclosure:Parent consent form

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Examples

To view example Prior Written Notice forms: Example 1- school-age reevaluation

http://www.p12.nysed.gov/specialed/formsnotices/PWN/training/example1.pdf

Example 2- preschool change in special education programs and services

http://www.p12.nysed.gov/specialed/formsnotices/PWN/training/example2.pdf

For additional questions and answers: http://www.p12.nysed.gov/specialed/formsnotices/PWN/training/QandA-nov10.htm

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For Additional Technical Assistance

NYSED Special Education Quality Assurance Officeshttp://www.p12.nysed.gov/specialed/quality/regassoc.htm

NYSED Office of Special Education518-473-2878

Regional Special Education Technical Assistance Support Centershttp://www.p12.nysed.gov/specialed/techassist/rsetasc/locations.htm

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Questions

Questions regarding the Prior Written Notice form may be sent to:

SEFORMS@mail.nysed.gov

Responses to questions will be periodically posted at:

http://www.p12.nysed.gov/specialed/formsnotices/

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Meeting Notice and IEP Training

Links to training on Meeting Notice and the IEP form:

Meeting Notice: http://www.p12.nysed.gov/specialed/formsnotices/

meetingnotice/training/home.html

IEP: http://www.p12.nysed.gov/specialed/formsnotices/IEP/training/home.html