7 days written notice--does this mean 7 school days prior to implementation?
7 days means calendar days. Anytime the word "day" by itself is used it is a calendar day.
As a practical matter, do you envision the Written Notice (WN) being done right at the meeting or typed and sent shortly after?
Written Notice can be completed at the meeting or soon thereafter.
At the bottom of the Written Notice is a section where team members who have attended the IEP Team meeting or have been informed of the changes to the plan are to be identified. When a Written Notice is issued following an IEP Team meeting, should the persons listed in that section include both those who attended the meeting as well as those to whom the Written Notice is being sent?
A Written Notice resulting from an IEP Team meeting should list only those who actually attended the meeting; where a Written Notice results from a decision reached without a meeting, it should list the recipients of the Written Notice.
(Added February 2012)
Can a new program determined by the IEP team be initiated the next day or should it be dated for 7 days later?
If the parent is in attendance at the IEP team meeting and the team and the parent agree to an early startup date for the program, add this agreement to a response in your Written Notice.
Can the parent or legal guardian agree that the IEP Team meeting determinations and/or IEP placement and/or programming begin immediately rather than after the required seven-day Written Notice (WN) timeframe?
Yes, the IEP Team, including the parent or legal guardian may agree that the IEP Team determination and/or IEP placement and/or programming may begin immediately rather than after the required seven-day WN timeframe. The WN must include a statement to this effect.
(Added August 2009)
Do you send the Written Notice before you give the evaluation or after the evaluation is completed and have an IEP team meeting to discuss the evaluation?
A Written Notice would go prior to the evaluation to let the parents know what is being proposed or refused. At the IEP meeting to discuss the evaluation results you would do another Written Notice with the results of the meeting.
Does the "Written Notice" take the place of "Initial Referral Letter,” "Consent for Placement Letter", "Consent for Evaluation Letter?”
An SAU may decide to send a cover letter with each WN if that is a practice they wish to continue.
Exactly WHEN is the Written Notice supposed to be sent? Before the annual IEP team meeting or after the meeting but before the IEP goes into effect?
WN for an annual review is sent out after the meeting.
For seniors whom we know will meet graduation requirements, do we need a full meeting or will the Written Notice suffice?
Annual review dates must be honored for all students and at this meeting, WN will be completed to reflect graduation status.
For transfer students implementing comparable services, does this fall under other IEP Program on the Written Notice?
Section 300.323 of the federal regulation states: If a child with a disability (who has an IEP that was in effect in a previous public agency in the same state) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous public agency) until the new public agency either 1) Adopts the child’s IEP from the previous public agency or: 2) Develops, adopts, and implements a new IEP that meets the applicable requirements of 300.320 through 300.324. There is no longer an automatic requirement for the new public agency to complete a Written Notice for a transfer student, but they must consult with the parent. If an IEP meeting is held and a new IEP developed, then you must also send Written Notice after the meeting/
If a small amendment is made to the IEP without an IEP team meeting, is a Written Notice Required?
If the IEP team met on May 1 and made a change to the IEP, may the change go into effect on May 2 or must it wait for 7 days, until the Written Notice has been sent to the parent?
If the parent agrees to begin the program before the seven days notice, add the discussion to the WN.
Is the Written Notice form used for the IEP meeting notice? (i.e. annual review?) If so, where do we list the participants?
No, the form "Advance Notice of the IEP Meeting" is the form used for notification of the meeting.
Is Written Notice for CDS children only required for evaluation initiated by CDS? What about private contractors who do evaluations/re-evaluations without CDS’ knowledge?
CDS is responsible for CDS-ordered evaluations per IEP/IFSP team decisions. Written Notice is required. WN is not required for evaluations conducted at the request of the parent or health care provider.
Is Written Notice only completed after a meeting has been held?
The references at the top of the WN form indicate when this document must be completed.
Must the SAU put ESY on the Written Notice?
Yes, if the IEP Team determined this was a needed service.
Please remember that for children 3-5 years of age (age group identified under 619), the IEP team must make a determination about ESY at every IEP Team meeting. (Revised September 2010)
On the back page of the Written Notice, do we always list IEP team members and position for every IEP team meeting?
On the Written Notice, for initial referral for questions 1,2,3,4,5 may one write: "see referral form"?
No, you must complete the document.
On Written Notice where would the teacher comments go if they had been excused from the meeting? (One of the student's teachers)
Written Notice can reflect any relevant comments by the excused IEP team member.
On Written Notice, Section 4 - may we write "No other options considered?"
This section of the form allows the IEP team to reflect the rationale for the LRE.
When do you send Written Notice for initial referral?
WN is sent as soon as the referral in initiated. The initiation date of the referral is defined in the SAU's policy on referral.
When writing a Written Notice at an IEP team meeting, should the IEP start date be 7 calendar or school days after the IEP team meeting?
Seven calendar days.
Who signs the Written Notice? What makes the IEP & Written Notice legal documents without signatures?
The WN only needs the parent's signature when the meeting is for consent for initial placement. Federal regulations do not require a signature on an IEP.
Should this notice include implementation of the IEP due to transferring student?
If the child is a child with a disability, MUSER states that an SAU must consult with parents. The requirement for a transfer WN is not in MUSER. If you have an IEP meeting, then the results of that meeting and offerings are incorporated into the WN.
Written Notice required form should be more expansive than just SAU-like=IEU, public education unit, etc.
MUSER states in Section I, the term SAU includes IEU.
Written Notice: if the parent wants us to provide a “service” and the rest of the team does NOT find this necessary, can this be documented on this form, especially if the parent want the “NO” in writing?
It must be documented in the WN as it is a refusal.
If there’s an IEP Team meeting and the team doesn’t make any changes or discuss an evaluation or reevaluation, must the SAU use this form?
No. Please see MUSER Appendix I, “Written Notice 34 CFR §300.503”.
What is suggested for “effective date” and/or date services are expected to start on #1 of the WN?
The effective date and/or date services are expected to start must be at least 7 days after the WN is sent to parents.
Does the SAU state services will start the same date of “effective date” of IEP, knowing that it may be another week before schedules can be finished and services actually start?
State the date on which the services will begin and note in the WN the agreement to begin the services before the seven-day WN time frame.
If the SAU writes that the team and parents agree services will start immediately, but know it may take a week to finalize schedules for services to start, which date does the SAU put?
State the date on which the services will begin.
Waiver of 7 days on WN, does that mean 7 calendar days or 7 school days?
Calendar days. The SAU must consider the time it will take the notice to arrive to the parents.
Is it possible to use the WN without having an IEP meeting to select evaluation tools to be used (as long as parents are involved)?
There is no requirement to convene an IEP Team meeting to select evaluation tools, but WN about the decisions regarding evaluation tools must be sent to the parents.
In Section 3 of the WN, what sort of description of the "evaluation procedure" is required?
The description of the "evaluation procedure" considered by the IEP Team for the determinations reached by the team must include: 1) the name(s) of the evaluation(s) conducted; 2) the date(s) on which the evaluation(s) was/were conducted; 3) if applicable, the subtests that were considered in the IEP-team decision-making; and, 4) the scores of the evaluation(s). (April 2013).