When parents participate in an IEP meeting, they’re often given a document called Procedural Safeguards. It may seem like such a small part of the sometimes overwhelming mounds of IEP paperwork that you might be tempted to ignore it. But don’t. Tucked within the Procedural Safeguards is an important tool called Prior Written Notice.

What is Prior Written Notice?
Prior Written Notice, or PWN, is a written record of certain decisions made by the school that impact your child’s education. Whenever the school changes your child’s special education program, or refuses a parent’s request to provide services, PWN (or PWNR – Prior Written Notice of Refusal) must be sent to the parents.

The federal law states Prior Written Notices must be sent before the school initiates any changes, or within a reasonable amount of time if a request is denied. The actual amount of time allowed differs according to each state’s law, and should be stated within the Procedural Safeguards.

Why is PWN Important?
For starters, it allows parents to be better involved in their child’s education by providing detailed information about school decisions. Since it’s in writing, it creates a record – a paper trail – of decisions made that can be used in a legal proceeding if parents decide to pursue a due process hearing. Finally, PWN discourages decisions made subjectively, too quickly, or those made with prejudice.

What’s Contained in PWN?
Here’s a scenario: your child is in his first year of middle school and his social skills challenges are interfering severely in his ability to interact appropriately in class and with his peers. You call an IEP meeting to discuss the possibility of the school incorporating regular social skills training into his program. By the end of the meeting the school denies your request.

The PWN should include all the following pieces of information about what the school is either proposing – or in this case, refusing – to do. Read these seven PWN criteria carefully; they are powerful tools IDEA set up to make schools accountable for their decisions:

• Description of the action proposed or refused by the school.
• Explanation of why the school wants to initiate action or why they refuse the request.
• Statement about what other options were considered, including all ideas contributed by IEP team members, including parents, and why they were rejected.
• List and description of all evaluations, tests, records, or reports the school used to make their decision. (Decisions must be based on data and assessments, not on money, lack of staff, or subjective comments on the child’s perceived ability.)
• Description of all other factors that were relevant to the school’s proposal or refusal.
• Notice to the parents that procedural safeguards are available and how to get them.
• Statement about whom the parents may contact to get help in understanding their rights under IDEA.

Can Parents Request PWN?
Parents most definitely can – and should – request PWN if 1) you learn the school has made changes in your child’s services or special education program without first sending PWN; or 2) anyone from the school informed you of changes being made in your child’s program either in person, at a meeting, or over the phone.

Be sure you make your own request in writing. Remember the experienced words of Pete Wright from www.WrightsLaw.com, “If it was not written down, it was not said. If it was not written down, it did not happen.” This is why it’s so important to be sure you receive PWN, and to put any requests you make – whether for PWN or services – in writing.

The National Dissemination Center for Children with Disabilities (NICHCY) offers a publication at www.nichcy.org called “Communicating with Your Child’s School Through Letter Writing.” This informative document shows a sample letter you may copy for requesting PWN.

PWN Tips
In How to Use a Parent IEP Attachment (WrightsLaw.com), Judy Bonnell recommends creating a simple form to help you keep track of all requests and changes addressed by the IEP team. Bonnell’s form includes columns for proposal, accepted, rejected, reason accepted or rejected, start date, and responsible person. You’ll also find a printable “Record of Proposals” at www.SpecialNeedsAdvocate.com/proposal_record.htm.

PWN as a Proactive Tool
Under IDEA law, the IEP team must formally consider – and accept or reject – any suggestions made by a team member. This means that parents may present their proposals and they have the right, not only to a formal discussion of the proposal, but also an explanation from team members about its merits, shortcomings, and other options. Most importantly, these discussions and decisions fall under PWN requirements. Either take a PWN form with you to the meeting and fill it out as the discussion unfolds, or follow-up with a written request for PWN afterwards. Make PWN an ally as you advocate for an appropriate education for your child.

Find more practical, proactive articles like this one in every issue of the Autism Asperger’s Digest. Six issues per year, just $29.95. Learn more at www.AutismDigest.com.

Excerpt reprinted with permission from a featured article in the May/June 2011 issue of Autism Asperger’s Digest magazine. Learn more at www.AutismDigest.com.

Copyright © 2011 Autism Asperger’s Digest. All Rights Reserved.

Photo: valur

I received this action alert from the Autism Society of America, please take action today and ask Congress to cosponsor the IDEA Fairness Restoration Act.

MPORTANT ACTION ALERT: CALL/EMAIL CONGRESS TO COSPONSOR IDEA FAIRNESS RESTORATION ACT
WEDNESDAY, MAY 4, 2011

On Wednesday, May 4, 2011, please contact your senators and representatives and ask them to cosponsor the IDEA Fairness Restoration Act (S.613 AND H.R. 1208). This bill will allow parents to recover expert witness fees when they prevail in due process hearings and court actions under the IDEA.

IDEA gives parents the right to an impartial due process hearing, but parents must be able to afford expert witnesses to testify at those hearings. Expert witnesses can include psychologists; physicians; speech, occupational, physical, and other therapists; educational experts; positive behavioral support experts, and others. Without expert witnesses, most parents cannot prevail. Sometimes, school districts sue parents and parents must have expert witnesses to adequately defend themselves.

The IDEA Fairness Restoration Act will restore the right to recover expert witness fees for parents and students with disabilities. Congress intended that parents have this right when it amended the IDEA in 1986. But in 2006, the Supreme Court acted contrary to this intent and held that parents could not recover expert witness fees in Arlington Central School District v. Murphy. Plaintiffs in other civil rights cases, like ADA cases, recover fees. This bill would simply give parents the same right.

ON WEDNESDAY, MAY 4, 2011, PLEASE CONTACT YOUR SENATOR AND REPRESENTATIVE AND ASK THEM TO COSPONSOR S.613 and H.R. 1208. It is crucial that Congress hear from parents of children with disabilities, advocates, attorneys, family, friends, and colleagues that this legislation is very important. If you cannot do this on May 4, please do it the week of May 2-6, 2011.

Please share this email with others.

HOW TO CONTACT CONGRESS: It is best to call your Representative and Senators. Calls are more personal and receive more attention. Even a 2 minute call is very helpful. But if you need to email because of work schedule, disability, or other reason, please do so.

CALL CONGRESS: Call your Representative and Senators and ask them to Cosponsor S.613 and H.R. 1208, the IDEA Fairness Restoration Act. You can call 202-224-3121 (TTY 202-225-1904). If you do not know who your representatives are, you can look them up at www.house.gov or www.senate.gov. Ask for the staff member who handles education or disability. Share with them the information below:

SEND AN EMAIL MESSAGE TO CONGRESS: You can email your representatives through their special forms on the House of Representatives website, http://www.house.gov/writerep, and write your Senators through their Web form on the Senate website, http://1.usa.gov/Senat

SAMPLE EMAIL / INFORMATION TO SHARE IN YOUR CALL: Here is information you can share with Congress. You can use it for your phone call, or you can cut and paste it into an email form. If you email, it helps to personalize it with even a few sentences about your child or your legal/advocacy practice. You might add something like “We are the parents of a child with autism and it is important to us that you support this bill, so we can afford due process if we are ever forced to go.” Or write something longer and more personalized.

Dear Congressman/Senator,
Please cosponsor the IDEA Fairness Restoration Act H.R. 1208 and S.613. It will restore Congress’ original intent in enacting the Handicapped Children’s Protection Act of 1986 that parents who prevail in administrative hearings and court actions be allowed to recover expert witness fees. The bill would overturn the Supreme Court decision in Arlington Central School District v. Murphy (2006).

When school districts provide an education so poor that they fail their legal obligations, parents can seek an impartial due process hearing to protect their child. In those hearings parents must provide testimony from such expert witnesses as psychologists, doctors, therapists, and educational experts. This testimony is needed to prove that a free appropriate public education was not provided to their children. Few parents can afford expert witnesses. Nearly 36% of children with disabilities live in families earning less than $25,000 a year; over two-thirds in families earn less than $50,000 a year. Without the ability to afford expert witnesses, the right to a due process hearing is not meaningful for most parents.

The bill simply gives parents the same right as prevailing plaintiffs under the Americans with Disabilities Act and other similar laws to recover expert fees. When Congress passed the Handicapped Children’s Protection Act of 1986, it intended that parents would recover expert witness fees in IDEA cases, as clearly stated in the Conference Report. But the Murphy case overrode that intent. We ask Congress to restore its original intent and provide parents with the right to recover expert witness fees if they win their case.

Sincerely yours,
Your name here

The Individuals with Disabilities Education Act (IDEA) is the federal legislation that governs special education services in schools, including Individualized Education Plans (IEPs). While IDEA isn’t specific to children with autism, many children with autism are receiving services protected by IDEA. IDEA was last reauthorized in 2004 and it is expected that another reauthorization will be coming in the next year or two. In preparation for this reauthorization, several organizations have joined forces to sponsor the IDEA National Survey.

The following is a description of the survey:

The IDEA National Survey Project is sponsored by the National Center for Learning Disabilities, National Down Syndrome Society, Autism Society of America, Autism National Committee, and The Advocacy Institute. Our purpose is to study whether the playing field is level for children with disabilities and their parents, and whether their rights are protected.

The survey will examine whether parents are treated as equal partners in their children’s education. We ask questions about whether the rights of students with disabilities and their parents protected throughout the special education process, including IEP meetings, decisions about special education, evaluations and eligibility, and Due Process and Impartial Hearings. We also ask about inclusion and whether children with disabilities receive the education they need, or whether they are deprived of important services. We will be using your answers to compile a report about the experiences of parents and children with disabilities and these issues. See the survey Privacy Policy for more information.

All disabilities are welcome! The survey is not limited to the disabilities on which the sponsoring organizations focus. We are studying these issues as they affect all children with disabilities and special needs. We also have surveys for all members of the community.

There are several different surveys available including those for parents, for individuals who have been denied special education surveys, a survey for attorneys and other professionals as well as a self-advocate survey.

Please take a few minutes to fill out the survey and pass this information on to others.

Photo: Andy Ciordia/Flickr

The first Wrightslaw Special Education Law and Advocacy Training in March 2011 will be held on March 3 in Baton Rouge, Louisiana. Wrightslaw conference attendees will receive the latest information about educational issues that face children with special education needs. Although the conferences are not specific to autism, I highly recommend all parents dealing with a IEP or 504 plan attend a conference in their area.

Conference Date: March 3, 2011
Conference Location: Baton Rouge, LA 70806
Conference Venue: Milton J. Womack Park BREC Administration Building Ballroom
Speakers: Pete Wright
Conference Topics:

• Section 1412 Extended School Year, Child Find, Least Restrictive Environment/Mainstreaming/Inclusion, Private Placements,Statewide Assessments
• Understanding Tests and Measurements, and the Bell Curve, Standard Scores, Scale Scores, % ranks, Grade Equivalent, Age Equivalent
• Section 1415 Prior Written Notice, Procedural Safeguards Notice, Mediation, Due Process Hearing, Appeal, Discipline, Age of Majority
• Special Ed Advocacy for the Parent, Advocate, and Parent’s Attorney
• Legal, systemic and “School Culture” obstacles to compliance with IDEA-04

Contact Phone Number: 222-216-7474
Email Address: cchesterfieldfhfqbrorg

Recommended Reading:

• Wrightslaw: Special Education Law 2nd Edition
• Wrightslaw: All About IEPs
• Wrightslaw: From Emotions to Advocacy – The Special Education Survival Guide

School districts across the U.S. struggle with the combination of two harsh realities: an increasing intensity of budget cuts for 2010-11, and complying with the federal Individuals with Disabilities Education Act (IDEA) which guarantees “free appropriate” education to all disabled students including the growing number of students with an Autism Spectrum Disorder (ASD). In addition, parents are pressuring schools to either comply with the IDEA or face legal action.

Public school administrators and special education directors looking for innovative ways to save costs, while still providing a quality evidence-based education for students with autism, are utilizing low-cost but high-tech services that offer curriculum planning, staff training and data tracking and reporting. A company offering such a technology that is seeing rapid adoption in public school districts is Rethink Autism.

“Although we are in our most dismal budget time in education, I can’t imagine us not spending the dollars necessary to continue with the Rethink Autism program,” says Ms. Laura McGill, Program Specialist at the School District of Indian River County, Florida.

Rethink Autism’s unique web-based program provides teachers with a comprehensive evidence-based curriculum through 1200+ video-based teaching steps, parent and staff training modules, an assessment tool, and progress tracking features. The curriculum, endorsed by leaders in the field of autism treatment and research, spans the entire autism spectrum and covers a broad range of skills, including academics, language, social, motor, daily living, and behavior managements.

“There may be no greater challenge facing public schools today than the staggering increase in children diagnosed with autism,” writes Fran Smith(1), a contributing editor at Edutopia.org, a website published by The George Lucas Educational Foundation.

A recent study(2) by the American Association of School Administrators (AASA), based on a survey of 453 school administrators conducted in March 2010, showed that school budget cuts will be noticeably more significant for 2010-11 than recent years, with the depletion of stimulus funds and continued budget strains at the state and local levels.

An estimated 637,000 children ages 3-17 in the U.S. (or 1 in 91) had a current ASD diagnosis in 2007 according to a widely accepted study(3) published in the October 5, 2010 issue of Pediatrics. That represents a 67% increase from a previous estimate from the Autism and Developmental Disabilities Monitoring (ADDM) Network, which reported autism rates of 66 per 10,000 children (or 1 in 150) in 2002.

Shrinking budgets and serving a growing number of students with an ASD are not the only issues that U.S. public schools are facing. However, the priority and urgency of the matter is compounded by the significant financial and legal risk of not addressing the issue.

“Parents press for evidence-based educational strategies and school administrators realize that it may be cheaper to beef up autism programs than continue to fight lawsuits,” writes Smith. “In fact, almost every student at almost every leading private school for autism attends at public expense.”

Notes:
(1) “Educators Deal with the Growing Problem of Autism,” by Fran Smith, Edutopia (March 2008).
(2) “A Cliff Hanger: How America’s Public Schools Continue to Feel the Impact of the Economic Downturn,” published by the American Association of School Administrators (AASA) in March 2010.
(3) “The Prevalence of Parent-Reported Diagnosis of Autism Spectrum Disorder Among Children in the United States, 2007,” published in the Oct. 5 issue of Pediatrics.

Wrightslaw, one of the biggest names in special education advocacy and information, is preparing for the Wrighstlaw Indiana Conference. The theme for the September 18, 2009 conference is IDEA 2004 & NCLB: What You Don’t Know CAN Hurt You! with Wayne Steedman, Esq.

IDEA = Individuals with Disabilities Education Act
NCLB = No Child Left Behind

This six hour conference will provide parents with the information they need to better advocate for special education services for their children. While this conference is not autism-specific, the same laws apply to all children in the special education system. Speaking from personal experience, being armed with a solid understanding of your child’s rights under IDEA 2004 will help you when it comes to IEPs, placement, therapy requests, etc.

Registration for this one day conference is $135.00 and the event will be held at:

Junior Achievement of Central Indiana
7435 North Keystone Ave.
Indianapolis, IN 46240.