1 Prior Written Notice and Reevaluation: The When and How

2 Expected Outcome: Participants will gain the knowledge needed to lead the change in their schools and LEAs toward compliant reevaluations and prior written notices in order to improve outcomes for children with disabilities. December 16, 2017 Leading Change, Improving Outcomes On the web at

3 Reevaluation NC Policies 1500-2.29, 1503-2.4, and 1503-2.6December 16, 2017 Leading Change, Improving Outcomes On the web at

4 Definition Reevaluation is the process of examining existing data, and if determined necessary, gathering additional data in order to: Determine continuing eligibility for special education and related services; Assure that the continuing individual needs of a student are identified; and Assure appropriate educational programming (review and/or revision of the IEP).

5 Reevaluation The public agency must ensure that the timely reevaluation for each child with a disability is conducted in accordance with NC through NC : If the LEA determines the child's needs, including academic achievement and functional performance, warrant additional evaluation data, OR If the child's parent or teacher requests additional evaluation data.

6 Reevaluation Cannot occur more than once a year unless parent and public agency agree otherwise, and Must occur at least once every three years.

7 When is a Reevaluation Required?Every three years after initial eligibility determination, except for children with developmental delays (DD); Children identified as having DD: Every three years and if eligibility as a child with DD is continued, must reevaluate again - Before turning eight years old or before entering third grade (whichever comes first).

8 When is a Reevaluation Required?When the parent or teacher requests additional data; Before adding or removing a related service; and Before discontinuing special education services, unless – The parent revokes consent for the provision of services; The child graduates with a high school diploma; or The child reaches the maximum age. December 16, 2017 Leading Change, Improving Outcomes On the web at

9 The How of ReevaluationIEP Team reviews existing data. Data must include: Evaluations and information provided by parent; Current classroom-based, local or State assessments, and classroom-based observations; and Observations by teachers and related services providers. Put emphasis on the fact that the forms document the requirements of reeval. and that  in the review they must document the review of existing data on the form. In the review they should discuss each of the requirements for the category and document everything that they review.

10 Reevaluation On the basis of the review of existing data and with input from the parents, the IEP Team decides what additional data, if any, are needed to determine: Whether the child continues to have a disability as defined in NC and the educational needs of the child; The present levels of academic achievement and developmental needs of the child; December 16, 2017 Leading Change, Improving Outcomes On the web at

11 Reevaluation Whether the child continues to need special education and related services; and Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum. December 16, 2017 Leading Change, Improving Outcomes On the web at

12 Reevaluation If additional data are needed:Parental consent must be obtained (form DEC 2), and Prior Written Notice (form DEC 5) that documents the public agency's proposal including the reasons and basis for the proposal must be issued to the parents.

13 Parental Consent for ReevaluationParent provides consent; proceed with gathering data. Parent does not respond to request for consent after LEA makes reasonable efforts to obtain consent, proceed with gathering data. Parent does not give consent: Do not proceed with gathering data. LEA may request mediation or file due process to assess child without parental consent. December 16, 2017 Leading Change, Improving Outcomes On the web at

14 Additional Data Will be CollectedIf using North Carolina's forms, the following are needed: Prior Notice - Invitation to Conference If a meeting is held to review existing data. DEC 7 - Reevaluation Report DEC 4 - IEP Review progress as part of existing data. DEC 5 - Prior Written Notice DEC 2 - Parental Consent for Evaluation December 16, 2017 Leading Change, Improving Outcomes On the web at

15 Additional Data Will be CollectedIf using North Carolina's forms, the following are needed: Prior Notice - Invitation to Conference DEC 3 Worksheet(s)-Summary of Evaluation Results DEC 3 - Eligibility Determination DEC 4 - IEP Review for appropriateness. DEC 5 - Prior Written Notice December 16, 2017 Leading Change, Improving Outcomes On the web at

16 Reevaluation If additional data are not needed:Prior Written Notice documents the public agency's proposal to determine continuing eligibility and the student's educational needs without gathering additional data. The public agency must inform the parent that he/she has the right to request additional data. If the parent makes this request, consent to evaluate must be obtained, and the assessments must be conducted. December 16, 2017 Leading Change, Improving Outcomes On the web at

17 Additional Data Will Not be CollectedIf using North Carolina's forms, the following are needed: Prior Notice - Invitation to Conference If a meeting is held to review existing data. DEC 7 - Reevaluation Report DEC 4 - IEP Review progress as part of existing data. DEC 5 - Prior Written Notice N/A: If a meeting is held to review existing data only one DEC 5 is needed. N/A: If a meeting is held to review existing data, a second meeting is not necessary. DEC 3 - Eligibility Determination Leading Change, Improving Outcomes On the web at December 16, 2017

18 Reevaluation During any reevaluation regardless of purpose, the IEP Team must: Review the IEP for appropriateness, and Issue prior written notice to the parents. After completing the reevaluation process, regardless of purpose, the three-year reevaluation date is reset.

19 The Three Prongs of Continuing EligibilityThe child must continue to meet the eligibility criteria in at least one of the fourteen areas of disability in accordance with the NC Policies; and The disability must continue to have an adverse effect on educational performance; and The student must continue to need special education and related services.

20 Educational performance is more than grades and/or test scores.Reminder: Educational performance is more than grades and/or test scores. Teams must always use multiple sources of data in making eligibility decisions. December 16, 2017 Leading Change, Improving Outcomes On the web at

21 Prior Written Notice NC 1504-1.4December 16, 2017 Leading Change, Improving Outcomes On the web at

22 What is the Purpose of PWN?To provide parents written notice of the public agency’s proposal or refusal to carry out an action or actions that affect their child.

23 Wait a minute! That sounds like predetermination of a decision.How can we issue notice of a decision prior to the IEP Team meeting? PWN is given after the decision is made, but prior to implementing the action. December 16, 2017 Leading Change, Improving Outcomes On the web at

24 What Kind of Decisions Will Result in the Need to Issue PWN?Whenever the public agency proposes to initiate or change; or refuses to initiate or change the: Identification; Evaluation; or Educational Placement of the child, or the Provision of a free appropriate public education (FAPE) to the child.

25 Notice in Understandable LanguageThe prior written notice must be: Written in language understandable to the general public, and Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

26 The PWN Must Include Seven (7) Elements:1 A description of the action(s) proposed or refused by the LEA. Clearly articulate each proposal and/or refusal so the parents are fully informed.

27 2 The PWN Must Include Seven (7) Elements:An explanation of why the LEA proposes or refuses to take the action(s). The public agency must explain to parents the reason(s) for the proposal(s) or refusal(s).

28 3 The PWN Must Include Seven (7) Elements:A description of each evaluation procedure, assessment, record, or report the LEA used as a basis for the proposed or refused action(s). The decision must be based on objective data and the data are described in language the parents can understand. The decision cannot be based on feelings or the desires of one or more Team members.

29 4 The PWN Must Include Seven (7) Elements:A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, how a copy of the procedural safeguards can be obtained. Parents must be informed of the right to request mediation or file due process. They may or may not disagree with the decision at the time. NC prints this information on the DEC 5 form.

30 5 The PWN Must Include Seven (7) Elements:Sources for parents to contact to obtain assistance in understanding the provisions of this part. Parents may need help in understanding how they go about requesting mediation or filing due process. NC prints this information on the DEC 5 form.

31 6 The PWN Must Include Seven (7) Elements:A description of other options that the IEP Team considered and the reasons why those options were rejected. The public agency must consider more than one option. The Team engages in a discussion and either comes to consensus or the LEA makes the decision. PWN must be provided regardless of whether consensus was reached. The reason(s) other options were rejected must be clearly described.

32 7 The PWN Must Include Seven (7) Elements:A description of other factors that are relevant to the LEA's proposal or refusal. Document any other factors that are relevant.

33 An NC Hearing Officer said:Virtually all of Respondent’s Prior Written Notices were flawed and not in compliance with the requirements of IDEA. Most notably, the June 2004 Meeting DEC 5 does not address why the student’s writing was not assessed nor why the recommendations regarding further evaluations were not followed. Attorneys say that leaving out required elements of the notice and/or not clearly articulating what your district proposes or refuses are top errors. Such mistakes are procedural violations under the IDEA and can lead to misunderstandings with parents. ©LRP’s Special Ed Connection website.

34 A Closer Look at the IEEP of PWNPrior written notice is required whenever the public agency proposes to initiate or change; or refuses to initiate or change the: Identification; Evaluation; or Educational Placement of the child, or the Provision of a free appropriate public education (FAPE) to the child. December 16, 2017 Leading Change, Improving Outcomes On the web at

35 Identification and EvaluationInitial Referral Process IEP Team reviews existing data then proposes to: Evaluate the child, or Determine eligibility based on existing data; or IEP Team reviews existing data then refuses to: Determine eligibility based on existing data.

36 Identification and EvaluationReevaluation Process IEP Team reviews existing data then proposes to: Gather additional data, or Determine continuing eligibility and child's educational needs based on existing data; or IEP Team reviews existing data then refuses to: Continue eligibility based on existing data.

37 Educational PlacementThe IEP determines child's participation with non-disabled peers, and The child's special education and any related services, and the location of those services (with or without non-disabled peers). These two decisions will determine the child's educational placement on the continuum of alternate placements. Remind participants that if the location is total school environment, the Team must indicate if child will be with non-disabled peers or not.

38 FAPE The initial IEP contains the public agency's proposal to initiate the provision of a FAPE, or When a child is not eligible for special education services, the public agency must document the refusal to initiate the provision of a FAPE. Thereafter, when the IEP Team reviews the IEP, Team members may propose or refuse to change the provision of a FAPE.

39 FAPE IEP changes in a FAPE include:Substantive change in the measurable annual goal(s). Change in the type, amount, or location of the special education and/or related services. Change in accommodations, modifications, supplementary aids, supplementary services, supports, and/or assistive technology; and Addition/removal of behavior intervention plan (BIP). PWN is provided upon completion of the IEP.

40 One PWN can be Used to Document Multiple DecisionsAll the proposals or refusals to initiate or change the identification, evaluation, educational placement, or provision of a FAPE must be documented in the PWN. Only one form is needed when more than one action is taken at the same time. To ensure all are documented, the LEA could number or bullet the decisions.

41 Multiple proposals documented on the same PWNThe IEP Team, on behalf of the public agency, proposes: Changing an IEP annual goal from mathematical calculation to solving word problems with more than one-step; Increasing special education services from 60 minutes per session on a daily basis to 90 minutes per session in a special education classroom; and Changing the educational placement from regular to resource. Remind participants not to use the PWN to keep minutes/notes of the meeting. December 16, 2017 Leading Change, Improving Outcomes On the web at

42 One proposal or refusal often leads to others. ALL must be documented.On the previous slide changes were to the child's: FAPE (substantive change to an annual goal); FAPE (increased time away from non-disabled peers); and Educational placement (change from regular to resource). During the meeting, Action 1 created discussion that resulted in Action 2. Action 2 resulted in Action 3. Take detailed notes of proposals and refusals during the discussion then completion of a compliant PWN will flow naturally and logically. December 16, 2017 Leading Change, Improving Outcomes On the web at

43 Example of PWN Annual Review of Kara's IEP on WednesdayOctober 26, 2011 This example illustrates two writing styles (paragraph and bulleted or numbered list). Regardless of the style used, the PWN must clearly articulate the decisions in a manner the parent will understand. (...and that you can defend in court if due process is filed...)

44 PWN Element 1: ProposalsOn behalf of the public agency, the IEP Team proposes changing the content of Kara’s reading goal from a concentration on reading fluency to focusing on reading comprehension without using any reading accommodations for classwork, and changing Kara’s read everything aloud accommodation for class, district-wide, and statewide tests to read unfamiliar words aloud upon student request. These proposals will be implemented beginning Monday, October 31, 2011. Paragraph PWNs we see when investigating complaints indicate that people tend to ramble and do not organize their writing. December 16, 2017 Leading Change, Improving Outcomes On the web at

45 PWN Element 2: Reasons Kara’s fluency rate is now even with that of her nondisabled peers. When passages are read aloud, her average score for comprehension is 90%. She needs to work toward becoming an independent reader; therefore, we propose removing the accommodation of read everything aloud and using read unfamiliar words aloud upon student request for tests. Kara's fluency rate no longer slows her down as long as the text has familiar words, but when faced with unfamiliar words she is unable to demonstrate her understanding of the content. Waiting until Monday, will allow time for the teacher to discuss the changes with Kara and to adjust her schedule. Paragraph December 16, 2017 Leading Change, Improving Outcomes On the web at

46 PWN Elements 1 & 2: Proposals & ReasonsOn behalf of the public agency, the IEP Team makes the following proposals and provides the reasons for each proposal. Changing Kara's reading goal to focus on comprehension instead of fluency. Fluency rate is same as nondisabled peers. Removing read everything aloud accommodation for classwork. Average of comprehension scores when using read everything aloud is 90% correct. Need to determine how well she does when reading without assistance. List December 16, 2017 Leading Change, Improving Outcomes On the web at

47 PWN Elements 1 & 2: Proposals & RefusalsChanging testing accommodation from read everything aloud to read unfamiliar words aloud upon student request (Class, district-wide, and statewide tests). Kara needs to become a more independent reader. Fluency rate no longer slows her down as long as the text has familiar words. Unfamiliar words prevent her from demonstrating her understanding of the content. Beginning these changes on Monday, 10/31/11. Gives the teachers time to talk to Kara and to change her schedule. List December 16, 2017 Leading Change, Improving Outcomes On the web at

48 PWN Element 3: Basis for ProposalsParagraph We used two fluency assessments to determine Kara's progress. One was oral reading and the other was silent reading. Then we compared her scores with age appropriate peers and grade level expectations. Oral reading fluency assessment. Silent reading fluency assessment. Compared scores with age appropriate peers. Compared scores with grade level expectations. List

49 PWN Element 4: Notice of Procedural SafeguardsThis is the final action (decision) of the local educational agency. If you disagree, you, as the parent or adult student, are entitled to the due process rights that are described in your copy of the Procedural Safeguards: Handbook on Parents' Rights. Located on the web at The deadline for filing a petition for a due process hearing is one year (1 year) from receipt of this notice. If you do not have a copy of the Procedural Safeguards: Handbook on Parents' Rights or would like another one, please contact your school principal or call the local director of Exceptional Children Programs. December 16, 2017 Leading Change, Improving Outcomes On the web at

50 PWN Element 5: Sources for AssistanceThe principal or EC director can also help you understand your rights if you have any questions, or you can call the Exceptional Children’s Assistance Center, Please save this notice for your records. If you have any questions, please feel free to call: Name: , Phone Number: , or Electronic Mail ( ) at . December 16, 2017 Leading Change, Improving Outcomes On the web at

51 PWN Element 6: Options Considered & Reasons RejectedWe considered developing an annual goal to address reading fluency, and removing the read aloud accommodation for class, district-wide, and statewide tests; and rejected both options. Increasing the rate of reading fluency is a goal for all students. Now that Kara is at the appropriate level, we will continue with instruction, but not at the intensive level she had with the special education teacher. The general education teacher will closely monitor Kara’s comprehension of grade-level texts and classwork that she reads by herself in the general education... Paragraph December 16, 2017 Leading Change, Improving Outcomes On the web at

52 PWN Element 6: Options Considered & Reasons Rejected... classroom. If she does not make progress at a satisfactory rate, the IEP Team will meet to review the IEP. Completely removing any read aloud accommodation was rejected because Kara has used this accommodation for several years and needs an adjustment period. Kara's fluency rate no longer slows her down as long as the text has familiar words, but when faced with unfamiliar words she is unable to demonstrate her understanding of the content. Paragraph December 16, 2017 Leading Change, Improving Outcomes On the web at

53 PWN Element 6: Options Considered & Reasons RejectedList Developing another annual goal for reading fluency. Increasing rate of reading fluency is a goal for all students. Kara no longer needs intensive instruction. Instruction provided by general education teacher. General education teacher will closely monitor rate of progress in reading comprehension. If unsatisfactory, IEP Team will reconvene. December 16, 2017 Leading Change, Improving Outcomes On the web at

54 PWN Element 6: Options Considered & Reasons RejectedList Removing all reading accommodations from class, district-wide, and statewide tests. Kara needs adjustment time. Fluency rate no longer slows her down. Unfamiliar words prevent her from demonstrating her understanding of the content. December 16, 2017 Leading Change, Improving Outcomes On the web at

55 PWN Element 7: Other Relevant FactorsParagraph List Kara's cooperation. Kara's strong work ethic. Kara’s cooperation and strong work ethic were considered relevant to this proposal. Notice given/sent: October 26, 2010 Method of Delivery: Hand-delivered

56 Questions? Reevaluation Process and/or Prior Written NoticeEC Division Policy, Monitoring, and Audit Section Session 57: Bill Rynn & Lynn Smith Session 78: Eileen Davison & Pollye Pruitt December 16, 2017 Leading Change, Improving Outcomes On the web at