New York State Education Department (NYSED) Prior Written Notice (Notice of Recommendation)

1. New York State Education Department(NYSED) Prior Written Notice (Notice of Recommendation) This presentation is presented using Power Point with an audio component. To access the audio component, use the audio symbol on the bottom right of each slide.

2. Prior Written Notice Notice of Recommendation

3. 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.

4. 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. Regulatory Requirement

5. 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

6. 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).

7. 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.

8. 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 Required Information

9. Prior Written Notice Form

10. Prior Written Notice Form (cont.)

11. Date:March 2, 2010 Mr. and Mrs. George Harrington      55 Chestnut St. Anytown, NY 45678 Dear Parent(s) or Guardian of Barbara Harrington Student’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 Identifying Information

12. Description of the Action Proposed or Refused

13. Explanation of Why the Action is Proposed or Refused

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

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

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

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

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

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

20. Additional Information Related to the Subject of the Notice

21. 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

22. 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. Example: Initial EvaluationPreschool Student School-age Student

23. 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

24. 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 Jones Director of Special Education Services Enclosure: Parent consent form

25. 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

26. For Additional Technical Assistance • NYSED Special Education Quality Assurance Offices http://www.p12.nysed.gov/specialed/quality/regassoc.htm • NYSED Office of Special Education 518-473-2878 • Regional Special Education Technical Assistance Support Centers http://www.p12.nysed.gov/specialed/techassist/rsetasc/locations.htm

27. 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/

28. 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