• List of services (i.e., placement, accommodations, modifications, and/or supports, including behavioral supports) the student will no longer receive; • Date the student will be placed in general education. (Include a description of the general education placement and services to which the student will have access.); • Information that the student will no longer be entitled to special education and related services and the protections under the IDEA and related provisions in the California Education Code; • Information that the student’s disability will not be taken into consideration when determining appropriate disciplinary action, nor will the student be entitled to the IDEA’s discipline protections; • Information that if the parent later decides to have his/her child receive special education and related services, that he/she should contact the LEA office. Inform the parent that this request will be treated as a request for an initial evaluation; • A copy of the SELPA Procedural Safeguards/Parent Rights (SELPA Form D/M 77) together with the prior written notice;
• Contact information for the LEA office and the California Department of Education (CDE).
The LEA should document this action by sending the prior written notice to the parent(s) by U.S. Mail and Certified Mail, Return Receipt Requested.
Section B – Prior Written Notice
Prior Written Notice (PWN) is a procedural obligation that acts as a safeguard to ensure that a student’s (and parent’s) right to a free appropriate public education is not violated. PWN provides parents with written notification of decisions affecting the child and gives the parent the opportunity to object to those decisions before action is taken by the LEA. PWN is often referred to as a 300.503 letter pursuant to 34 C.F.R. 300.503 , which requires a 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 an oral agreement or refusal. It can be a separate letter or documented in the IEP notes.
2. It is addressed to the parent or guardian.
3. It proposes or refuses a change in a student’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
Chapter 7 – Procedural Safeguards, Desert/Mountain SELPA
Page 6
As of 03/15/2013
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