Required State Forms - Written Notice

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Seven days written notice--does this mean seven school days prior to implementation?

Seven 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?

WN can be completed at the meeting or soon thereafter. If completed and given to parent at the meeting, this should be noted on the WN.
(Revised January 2014)
At the bottom of the WN 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 WN 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 WN is being sent?

No. A WN resulting from an IEP Team meeting should list only those who actually attended the meeting. Where a WN results from a decision reached without a meeting, it should list the recipients of the WN.
(Added February 2012, Revised January 2014)
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 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. Add this agreement to Section 1 in the WN. If the agreement is for the initial provision of services, the completed WN must be presented to the parent/legal guardian at the meeting so that informed written consent can be obtained.
(Revised January 2014)
Do you send the WN before you give the evaluation or after the evaluation is completed and have an IEP Team meeting to discuss the evaluation?

A WN 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 WN with the results of the meeting.
The WN is the only document that the SAU is required to send to the parents. An SAU may decide to send a cover letter with each WN if that is a practice they wish to continue.
(Revised January 2014)
Exactly WHEN is the WN 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 and at least seven calendar days before the IEP is to go into effect (unless the SAU and parent agree to an earlier implementation date).
For seniors whom we know will meet graduation requirements, do we need a full meeting or will the WN 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 WN?
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 a Free Appropriate Public Education (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. OSEP has issued guidance stating that an IEP Team meeting must be held to determine what the comparable services will be for the child who has transferred, and a WN must be issued for that meeting. The “Other” box would be checked on this WN.

If a small amendment is made to the IEP without an IEP Team meeting, is a WN Required?
Yes.

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 seven days, until the WN has been sent to the parent?
If the parent agrees to begin the program before the seven days’ notice, this agreement should be recorded in Section 1 of the WN.

Is the WN form used for the IEP meeting notice? If so, where do we list the participants?
No, the form "Advance Written Notice of the IEP/IFSP Team Meeting" is the form used for notification of the meeting.
For CDS children, is WN documenting the determination to conduct an evaluation 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. WN is required. WN is not required for evaluations conducted at the request of the parent or health care provider.
(Revised January 2014)
Is WN only completed after a meeting has been held?

No. The WN is used whenever the SAU proposes or refuses to initiate or change the identification, evaluation, or educational placement of a child, the provision of early intervention services for a child, or the provision of FAPE to a child.
Must the SAU put Extended School Year services (ESY) on the WN?

Yes, if the IEP Team made a determination as to whether 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 WN, do we always list IEP Team members and position for every IEP Team meeting?

Yes.
On the WN, for initial referral for questions 1-5 may one write: "see referral form"?

No, you must complete the document.
On WN where would the teacher comments go if they had been excused from the meeting? (One of the student's teachers)

The teacher’s comments would be recorded in Section 3 of the WN.
On the WN, Section 4 - may we write "No other options considered"?

It would be unusual for an IEP Team to make a determination without having considered, at least implicitly, another option. A decision to continue present programming, for example, even if there was no dissent or detailed discussion, would still entail the decision not to make changes to programming.
When do you send WN for initial referral?

WN is sent as soon as referral is made to the IEP Team to determine the child’s eligibility (see MUSER §§IV.2.D and E.1). WN must also be sent once the IEP Team has made a determination as to the need for additional evaluations, and once the IEP Team has made a determination as to the child’s eligibility.
When writing a WN at an IEP Team meeting, should the IEP start date be seven calendar or school days after the IEP Team meeting?

Seven calendar days.
Who signs the WN? What makes the IEP and WN 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?

The Office of Special Education Programs (OSEP) has issued guidance stating that an IEP Team meeting must be held to determine what the comparable services will be for the child who has transferred, and a WN must be issued for that meeting. It is also possible for the SAU and parent to agree to determine comparable services without an IEP Team meeting, and that agreement would also be recorded in a WN.
WN: 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 parents want the “NO” in writing?

It must be documented in Section 1 of the WN as a refusal to provide services.
(Revised January 2014)
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?

It would be highly unusual for an IEP Team meeting to be held without there being any determinations made that relate to the identification, evaluation, or educational placement of a child, the provision of early intervention services for a child, or the provision of FAPE to a child. A determination not to make changes to a child’s programming or placement, or not to conduct an evaluation or re-evaluation, is still a determination that must be recorded in a WN.
What is suggested for “effective date” and/or date services are expected to start on Section 1 of the WN?

The effective date and/or date services are expected to start must be at least seven days after the WN is sent to parents unless an earlier date is agreed upon, which agreement must be documented in the WN.
(Revised January 2014)
If the SAU and parents agree that services will start immediately, but know it may take a week to finalize schedules for services to start, which date does the SAU put in the WN?

State the date on which the services will actually begin, and note in the WN the agreement to begin the services before the seven day WN timeframe.
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 (or to involve parents) in order to select the specific evaluation tools (as opposed to the general types of evaluations) to be used, so that a WN would not be required for those decisions.
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).
(Added April 2013).
What documents may be enclosed with the Written Notice (WN) and noted in the last section of the WN?

Documents such as the Learning Disability Evaluation Report, the Speech/Language Eligibility Form, Procedural Safeguards, and the Adverse Effect form may be enclosed with the WN. All enclosed documents must be noted in the last section of the WN.  (Added April 2014).

 

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