before action is taken by the Charter LEA. PWN is often referred to as a § 300.503 letter pursuant to Title 34 of the Code of Federal Regulations § 300.503, which requires a Charter LEA to provide written notice whenever it proposes or refuses to begin or change the identification, evaluation, or educational placement of a child or the provision of FAPE.
PWN consists of these components:
1. It is a written document, not a verbal agreement or refusal to a request. It can be a separate letter or documented in the IEP notes;
2. It is addressed to the parent or guardian; and
3. It proposes or refuses a change in a child’s program or assessment.
A PWN has seven required components:
1. A description of the action proposed or refused;
2. An explanation of why the action is proposed or refused;
3. A description as to the basis of the actions;
4. A reference to the procedural protections under IDEA;
5. A reference of sources to contact to provide assistance in understanding procedural protection;
6. A description of other options considered and why those options were rejected; and
7. A description of other relevant factors.
( Title 34 of the Code of Federal Regulations § 300.503(b) and Education Code § 56500.4(b) )
PWN must be provided to the parents of a child whenever the Charter LEA:
1. Proposes to initiate or change or
2. Refuses to initiate or change the identification, evaluation, educational placement of the child, or the provision of FAPE to the child.
Children with disabilities and their parents shall be provided written notice of their rights in language easily understood by the general public and in the primary language of the parent or other mode of communication used by the parent, unless to do so is clearly not feasible. The PWN is received when the Charter LEA initiates or refuses the request to a change in the child’s identification, assessment, or the provision of FAPE to the child. The notice shall include, but not be limited to, those rights prescribed by Education Code § 56341 ( Education Code § 56341; Title 34 of the Code of Federal Regulations § 300.503 ).
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 13
As of 11/18/2016
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