Finalizing the IEP Process

Consent for Initial Consent for Initial IEPIEP

PWN following PWN following the IEPthe IEP

Copies to ParentCopies to Parent

IEP AmendmentsIEP Amendments

Revocation of Revocation of ConsentConsent

West Virginia Department of EducationFebruary 2010

Informed Consent

• Native language or mode of communication• Voluntary • May be revoked at any time• Indicated by signature (parent/adult student)

Informed consent is written approval given by parent/adult student who has been fully informed of and understands all

information relevant to the proposed IEP.

Obtaining Parental Consent

Refusal of Consent or Failure to Respond

The district: • must provide PWN of proposal• must fully inform parent of reasons student should receive

services/consequences of refusing• may not use mediation or due process complaint to obtain

consent• is not required to convene an IEP Team or develop an IEP

Provision of the IEP to Parents

At the conclusion of the IEP Team meeting, prior written notice and a copy of the IEP must be provided to

the parent /adult student.

Prior Written Notice (PWN)

Purposes of PWN

1) To provide the parent/adult student with enough information so he/she fully understands the district’s proposed or refused action(s) and to make informed decisions, if necessary; and

2) To provide a framework for data-based discussion and problem solving.

Content of PWN

Description of the action proposed or refused Explanation of reasons for proposal or refusal Description of each evaluation procedure,

assessment, record, or report the district used as a basis for the proposed or refused action

Description of other options considered and the reasons why those options were rejected

Content of PWN (cont.)

Timeline for the Provision of PWN

• 5 days prior to implementing the proposed action, or

•Within 5 days of the refusal

Reflect & Discuss

Discuss how you ensure parents understand the IEP.

IEP Amendments

IEP Amendments (Cont.)

Revocation of Consent

• IDEA Supplemental Regulations (December 31, 2008)

• Allows parents to unilaterally withdraw their children from further receipt of ALL ALL special education and related services

Revocation of Consent

Parent must:• Revoke consent in

writing

District must:• Fully inform parent of

reasons for and consequences of not providing services

• Provide PWN• Cease providing services

after 5 days – no violation of FAPE

Revocation of Consent

When parent revokes consent for continued special education and related services, the district: – Is not required to amend the student’s educational records to remove

any references to the student’s receipt of special education and related services

– Is not deemed to have knowledge that the student is a student with a disability and student is not entitled to Policy 2419 discipline protections

– Is not required to provide accommodations in the GEE

Any future parental request for services is treated as an initial evaluation.

Any future parental request for services is treated as an initial evaluation.

Disagreement with IEP

If the IEP Team and parent/adult student disagree regarding IEP provisions:

1) Convene IEP Team to determine if FAPE will be provided and amend IEP accordingly

2) If disagreement regarding FAPE:

a) provide PWNb) parent/adult student may use dispute resolution processes