Peeling Back the Layers of the PR-01 State Support Team 13 Susan Burns, Deb McGraw With a special...

Peeling Back the Layers of the PR-01

State Support Team 13Susan Burns, Deb McGraw

With a special thanks to Sharon Rieke!!!

Outcomes for Today

1. Learn when PR-01 is needed.

2. Learn the components of a compliant PR-01.

3. Learn how to find resources to help guide your PR-01 procedures.

When to Provide Prior Written Notice PR-01?

There Are Many Times When a PR-01 is Required….

When Prior Written Notice (PR-01) Shall be Provided:

To the parents of a child with a disability in a reasonable time (A "reasonable time" is considered to be two to three weeks) before the school district of residence: (a) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or

(b) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.

(Guidance Doc)

Available on www.edresourcesohio.org in the Guidance Document

http://www.edresourcesohio.org/

Available on www.edresourcesohio.org

in the Guidance

Document



In Summary …when a PR-01 is needed

Anytime the district Proposes/Refuses to:1. Initiate or Change identification2. Evaluate3. Change educational placement4. Provision of FAPE

There are the 15 times you will need a PR-01 that are mentioned on the ODE document “When to provide PR-01…” available in Guidance Document on www.edresourcesohio.org


1. Initial Referral for Suspected Disability (#3)

A. Parent Request for Evaluation– Within 30 days (from oral or written request)

district must provide PR-01 (and explain process, provide “Whose IDEA is it”)a. Agree with suspected disability and will

proceed with evaluation - it requests permission to evaluate the child (see #2 – Initial Evaluation)

b. Do not suspect a disability and refuse to evaluate– provide the parents with the Prior Written Notice to Parents PR-01 form stating it will not be conducting an evaluation AND provides the information that was used to make that decision.

Evaluation/Ident

B. District Request for Initial Evaluation

If the school district suspects the child has a disability and proposes to conduct an initial evaluation, the school district:

• Provides the parents with the Prior Written Notice to Parents PR-01 form stating that the school district is proposing to refer for a suspected disability

Evaluation/Ident

In Summary….

A school district of residence will, within 30 days of receipt of a request for an evaluation from parents of a child or a public agency..

a.either obtain parental consent for an initial evaluation, or

b.provide the parents prior written notice (PR-01) stating that the school district does not suspect a disability (WHY)and will not be conducting an evaluation.

Evaluation/Ident

2. Initial Evaluation (#4)• The school district proposing to conduct an initial evaluation

to determine if a child qualifies as a child with a disability…• Within 30 days of date of initial referral the district must

provide:– PR-01 – with a description of any evaluation procedures the

district proposes to conduct must also be provided to parents– Receive written informed consent prior to conducting

assessments as part of an initial evaluation

• If a district determines a new evaluation is necessary for a student who moves in from out of state with an IEP– A PR-01 and Consent is needed for this INITIAL evaluation, or it is a reevaluation if the student moves within the state.(See #8 Transfers)

Evaluation

Documentation of Consent

• Parental consent for initial evaluation is required• The school district must obtain informed consent (PR-

01 and PR-05) with the planning form (what they are agreeing to)for the initial evaluation AND

• Document attempts to obtain the parents’ consent by maintaining detailed records that include dates, times and results of their efforts. – Documentation may include telephone logs, copies of written

correspondence including electronic communications, and/or completion of Documentation of Attempts to Obtain Parent Participation (OP-9 optional form).

– The documentation is filed in the child’s education record.

• If the parent doesn’t give consent you can NOT move forward unless you go through due process

Evaluation

Informed Parent Consent for Evaluation

Needed for any assessment including:• FBA• Assistive Technology• Any individualized assessment

Need Trilogy for Consent:1.PR-05 Consent2.PR-01 which = informed consent and 3.Planning form (what they are consenting to)

1

2

Evaluation

3

If Unable to Obtain Parent Consent for Initial Evaluation

If the school district is unable to obtain the parents' consent for an initial evaluation because the parents either explicitly refused to provide consent or failed to respond to a request, the school district may choose:

a. Not To Pursue The Initial Evaluation of the child; or – If the school district decides not to pursue the initial

evaluation, it informs the parents of this decision by completing and sending the Prior Written Notice to Parents PR-01 form.

b. To pursue the initial evaluation by requesting a due process hearing and by engaging in conflict resolution (e.g., resolution meeting and/or mediation) to convince the parents to provide their consent.

(Guidance Document 5.3)

Evaluation

B. District Request for Initial Evaluation

If the school district suspects the child has a disability and proposes to conduct an initial evaluation, the school district:

• Contacts the parents and explains the referral process; • Develops an evaluation plan with the parents’ input; • Provides the parents with a copy of procedural safeguards,

Whose IDEA Is This?; • Provides the parents with the Prior Written Notice to

Parents PR-01 form stating that the school district is proposing to conduct/plan an initial evaluation;

• Requests permission to evaluate the child and provides the parents with a Parent Consent for Evaluation PR-05 form.

– The Parent Consent for Evaluation PR-05 and Prior Written Notice PR-01 forms can be provided at the same time as a copy of Whose IDEA Is This? (Federal Register, August 14, 2006, pg. 46691) (Guidance Document 5.3)

Evaluation/Ident

http://www.edresourcesohio.org/ogdse/files/fedregulation300.pdf

Preschool Transition

• Often this meeting may take place months before the child’s 3rd birthday

• This transition meeting starts your evaluation timelines (60 days to ETR)

• You can:– Provide PR-01 to slow down the process-

state example is available

• The IEP MUST be done however by the child’s 3rd birthday

Evaluation

3. Eligibility Determination (#5)

a. Prior to the ETR Meeting send a PR-01 – “Proposal to initiate or change identification…”

b. Send another PR-01 - If the team determines that a child is NOT eligible for special education and related services.

Identification

4. IEP – If parents DON’T Agree (#6)

Note: The IEP shall serve as written notice unless the parent disagrees with the IEP. If the parent disagrees, written notice shall be provided prior to the implemen-tation of the IEP.

A district must provide a PR-01 after an IEP meeting if…

1. the parents do not agree with the IEP2.… or any portion of the IEP or 3.do NOT attend the meeting.

FAPE

Parents Disagree with IEP

Be sure to document on the PR-01:

1.What the disagreement was – what the parent wanted/concerns…

2.What action the district proposed to take

3.Why the district chose what they did

FAPE

Fail to Respond/Refuse Consent for Initial Services (IEP)

• If the parents fail to respond or refuse consent for initial special education and related services, the school district:1. May NOT use the mediation procedures set forth in

the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities or request a due process hearing to obtain agreement or a ruling that the services may be provided to the child.

2. The school district provides the parents with prior written notice (PR-01)and continues to provide the child with appropriate interventions in the regular education environment. The school district provides this notice within 30 days of its attempts to obtain written consent.


FAPE

The First IEP…”cherry picking”• If the parents do not agree to all the services identified in the

initial IEP, and so indicate on the IEP form, the school district provides the parents a Prior Written Notice PR-01 form describing the options considered by the IEP team and the reasons why those options were rejected. – PR-01 – to document areas of agreement and disagreement

(what was offered and what parents wanted)

• In Subsequent IEPs-If the parents and the district disagree about whether the child would be provided with FAPE if the child did not receive a particular special education or related service with which the parents disagree, and the parents and the district cannot resolve their differences informally, the parents may follow conflict resolution procedures to pursue the issue. The parents may NOT revoke consent for part of an IEP. They must revoke consent for the entire IEP. (Guidance Document 5.4)

FAPE

If Parents will not attend an IEP…

Every attempt should be made to have the parents attend the IEP team meeting. However, if parents refuse to attend or are unresponsive to notices and invitations sent inviting them to the IEP team meeting: 1. Document all attempts to arrange the meeting, including records

of telephone calls made and results; copies of correspondence sent and responses; detailed records of visits made to home or employment; and results of visits and other attempts.

2. Hold the meeting and send the Prior Written Notice to Parents PR-01 form with a copy of the IEP and the procedural safeguards, Whose IDEA Is This?

3. Parental consent is needed for initial IEPs and before a change of placement, unless the change of placement is for disciplinary reasons. • If there is a change of placement or it is an initial IEP,

arrangements must be made with the parents to review the IEP and acquire the parents' signatures on the IEP indicating parental consent before the IEP may be implemented.


FAPE

Parents agree to a date for IEP and don’t attend

If the parents have agreed to the date and time of the meeting and responded in writing that they will attend the meeting but do not come to the meeting and have not requested that it be rescheduled, or if they do not respond to multiple notices (three documented attempts are suggested), the team should attempt to contact the parents by phone or e-mail.

a. If the team reaches the parents, offer the option of a telephone conference;

b. Reschedule the meeting at the parents' request; or c. If the parents cannot be reached, proceed with the meeting.

– If there is no change of placement and the IEP is not the initial IEP, send a Prior Written Notice to Parents PR-01 form to the parents with a copy of the IEP, and implement the IEP.


FAPE

If parents don’t show and student is 17 years…

• Be sure to also document on the PR-01 a statement about age of majority transferring to the student at age 18, and what that means

If additional assessments are determined to be necessary for the reevaluation of a child with a disability, the school district must obtain parental consent and:

1. Develop an evaluation plan with the parents’ input; 2. Provide the parents with the Prior Written Notice to

Parents PR-01 form; 3. Request permission to reevaluate the child and to provide

the parents with a Parent Consent for Evaluation PR-05 form. – The school district may provide these two forms to the parents

at the same time it provides a copy of Whose IDEA Is This? (Guidance Document 5.3)

5. Reevaluation with New Assessments Needed (#7)

Evaluation

Reevaluation with New Assessments Needed

• PR-01 to notify before conducting any assessments– Unless the district has provided notice and

the parents have failed to respond to reasonable attempts to obtain consent

AND• PR-01 provided after:

a.If parents do not agree b.If disability category changes

Evaluation

6. Reevaluation Without Further Assessments (#8)

• PR-01 to notify before – Notification that no further assessments are

necessary must include:1. The teams determination and the reasons for the

determination, AND2. The right of the parents to request an assessment to

determine whether the child continues to be a child with a disability and to determine the child’s educational needs

AND

• PR-01 provided after:a.If parents do not agree with the reevaluation; ORb.If disability category changes

Evaluation

7. No Reevaluation Conducted (#9)

If the IEP team, including the parents, agrees that a reevaluation of the child is unnecessary…

• The district can document this agreement on the Prior Written Notice PR-01 (not required) form or the Agreement to Waive Reevaluation OP-4 optional form.

Evaluation

8. Transfers from Out of State and Out of District

(#10)a. You are not accepting the ETR/IEP - Provide PR-01 prior to New Reevaluation (if out of state=initial, in state=reevaluation)

b. You are accepting the ETR but creating a new IEP - Provide PR-01 that accepting ETR (BP) and after an new IEP, if parents do not agree

c. You are accepting the ETR/IEP (as it meets Ohio’s specs)-Provide PR-01to tell parents that the out of state/district IEP/ETR has been accepted (BP)– May also want to include verbiage

• Services will be beginning immediately…• May need to change some things after we get to know the

student and his/her needs better in 30 days…Note: If you accept- you are accepting the information as fact

and basis for service delivery

FAPE

9. Change in Placement (#11)

a. PR-01 provide only after an IEP, if parents do not agree with the proposed change of placement on the continuum.– The district may NOT change the child’s

placement until the parents consent to proposed change of placement.

b. Suggested BP practice – do it either way (agree with change or not) for a paper trail

Placement

10. Change in type and amount of services (#12)

• Provide PR-01 only after an IEP… IF the parents do not agree with the changes in the types and amount of services being proposed. – The district may then proceed to implement

the IEP.

FAPE

Adding a Related Service• PR-01• Planning form for Related Service area (SLP, OT)• Parent Consent PR-05• Page of Part 1 of ETR & Attach to back of ETR• If the related service is so severe that it impacts the

other goals and objectives, then you may need to redo the ETR back page and summarize in the general summary portion

• No parent signature is required for this “add on related service ETR”.

• Amend the IEP – parent initial• 3 year reevaluation timelines follow from original ETR

FAPE

Removing a Related Service

• No ETR required• Review data showing child has met all

goals and needs no additional goals• On present IEP (“goal met and dismissed

-initial next to the goals)• On upcoming IEP indicate the dismissal

and why “has met all goals and objectives an needs no additional goals and objectives” – in Other or Profile

• Provide PR-01 (Suggested)

FAPE

• Provide PR-01 indicating child is exiting from special education

• Due to:– No longer qualifies as a student with a disability (2

prong – disability category and need for specialized instruction)

– Graduation from High School– Exiting high school due to exceeding the age

eligibility for FAPE (Age 22)

• Provide another PR-01 if parents don’t agree

11. Exit from Special Education (#13)

Identification

a. PR-01 Proposal to Dismiss/Change of Identification b. Invite Parent to ETR Planning Meeting (PR-02) – hold meetingc. Parent consent for Evaluation if new assessment is needed (PR-05)d. Invite Parent to ETR Meeting (PR-02) – e. Hold ETR meeting (PR-06) and Document –

a. Has met all goals and objectives and needs no additional goals and objectives, or

b. Reasons for dismissal (unwilling/unmotivated and efforts to address these factors have not been successful, extenuating circumstances such as dental/medical/social… (ASHA)

c. is no longer a SWD (no longer adverse affect)d. If the district would like to record this fact on the last IEP, that is fine but

is not required

f. If the parent disagrees- provide PR-01 again “Parent does not agree with dismissal from speech and language service”

11. Exit from Special Education

Identification

12. District Refuses Services Requested by Parents (#14)

• The district must provide PR-01 to the parents any time the district refuses the request of the parents to provide special education and related services to the child.

FAPE

13. District Proposes/Refuses to Change Disability Category

(#15)• The district must provide PR-01 any

time the district proposes or refuses to change the child’s disability category.

• The ETR and the documentation of eligibility can be considered to be the prior written notice (as long as everyone is in agreement)

Identification

14. Disciplinary Change in Placement (#20)

• PR-01 must be provided whenever a change in placement occurs due to disciplinary action.

• And a copy of “Whose IDEA is it? “

Placement

15. Revocation of Consent (#21)• If Parents want to revoke consent (for the entire IEP) and

remove the student from special education and related services…

• The district must…– Obtain the revocation of consent in writing from the parents– Continue to implement the IEP as written, until the district provides

the parents with PR-01 which includes: • A summary of the educational needs of the child• A summary of all the supports and services the child will no

longer receive; and • A statement that none of the rights and protections provided to

SWD will be provided to the child once the child exits; and• Once Prior written notice is provided to the parents, the district

will no longer implement the IEP and will treat the child as any child without a disability

Identification

Other Times16. Due Process Hearing or Expedited Due Process Hearing

initiated by the district (FAPE, Identification, Placement)

17. Unable to gain parent consent for initial evaluation

18. Unsuccessfully gained parent input into IEP

19. Unsuccessfully gained input into reevaluation (Not initial)

20. Using RTI process for SLD – to extend the process (must put an end date)

21. Transition for Preschool from Help me Grow to Preschool – when transition conference is more than 90 days from child’s 3rd b-day (slow down the process)

22. Adding a related service

23. Removing a related service (BP)

24-101 Whenever in Question … it provides the paper trail to CYA

Content of the PR-01…the 6 elements required

Content of PR-01: must include

(2) A description of the action proposed or refused by the school district;

(1)

• Expedited evaluation – – Team may decide that the ETR is no longer valid and a new evaluation is

needed before the 3 year timeline

• IEP issues- Parent disagrees– Parent no longer wants one service (even though team feels the student still

needs these services), but wants to continue other services– Parent feels their child needs more services/time– Any disagreement with the IEP

Peeling back the Layers: PR-01


Proposal to Initiate an Evaluation:• “District proposes to initiate a multi-factored team evaluation to determine:• the student’s eligibility for special education under IDEA• if the student qualifies as a student with a disability”

•“Team suspects a disability – and would like to conduct a full evaluation to determine if the student is eligible for IDEA services”

Refusal to Initiate an Evaluation: • “(district) refuses at this time to initiate a

multi-factored evaluation for (student). The intervention team has documented progress with the interventions being provided and do not suspect a disability under IDEIA at this time”-

• could also propose to continue to implement and monitor progress and reconvene to review progress in __ weeks.



3) An explanation of why the school district proposes or refuses to take the action;

• WHY!!•Proposes to Initiate an Evaluation

•“Student requires a level of interventions that are so intense/of duration/frequency that it is specialized instruction”• “To determine if the student needs special education services in order to receive FAPE”.• “the team has been implementing academic/behavioral interventions with __ for the past __ months/weeks and suspects that due to lack of adequate progress, __ may have a disability which would qualify for special education services”.•“ Despite intensive and individualized intervention the student continues to struggle with grade level material”• “Data collected shows __ has difficulties learning basic academic skills. __ Currently receives reading and math interventions. Classroom data show that _has made progress but he has difficulties generalizing learned skills to daily work. His written work does not reflect his level of comprehension”.


• Why the district Refuses to initiate an evaluation • “Current data indicate that the level of performance

and rate of performance is commensurate with peers (include specific data)”,

• “Student is making adequate progress with interventions and is on track to catch up to peers”


(4) A description of other options that the IEP team considered and the reasons why those options were rejected; and

Initial evaluation – • Considered

o “continuing with interventions being provided “AND

• Why that was rejected – o “the student needed more interventions that were so intense, frequent and of such a duration that they can’t be delivered in the regular educational environment”o “due to lack of progress with previous interventions including:-------the student may qualify for special education services.” o “long term and intensive nature of intervention the student is receiving and lack of response to that intervention”.


Refusal to do Initial Evaluation – • “The team considered completing an evaluation, however the data did not indicate a suspected disability because the student is making adequate progress”



(5) A description of each evaluation procedure, assessment, record, or report the school district used as a basis for the proposed or refused action;

Initial Evaluation: “the following assessment data ____showed the student’s possible need for specially designed instruction/or of potentially being a student with a disability because the level of interventions that are needed are of such a duration/frequency/intensity that they can not take place in the regular education environment”.Assessment Information (What do you already have and used as a basis for the proposed action):

•Intervention data• RTI: Universal screening and progress monitoring data• Observation, record reviews, classroom data• State, District and Classroom Assessments.etc.. •Scholastic Reading Inventory testing, DIBELS, Read 180, •Parent and teacher input


(6) A description of other factors that are relevant to the school district's proposal or refusal.

Initial Evaluation:• Retention• Regular attendance, Previous HQT education• Outside tutoring• Evaluated before and not found eligible• Parents refused or revoked consent

previously• No other factors were relevant at this time• “The evaluation must be completed within

60 days of signed consent. It will contain information from multiple sources as described on the planning form which will be completed”.


• Reevaluation • when the team doesn’t feel they need

additional assessment information –There must be verbage about parents right to request additional testing

• Refusal:• “No other factors were relevant at this

time”• Excessive Absences, previous schooling

without HQT, high mobility


7. A statement that the parents of a child with a disability have protection under the procedural safeguards of this rule and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

8.Sources for parents to contact to obtain assistance in understanding the provisions of this rule;

Contents Continued

• This notification is intended to give parents a full explanation of:– WHAT actions the school district is

proposing or refusing to take – and gives the parents an opportunity to

agree or disagree with those actions.

Contents: Understandable Language

• (a) Written in language understandable to the general public; and

• (b) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. – Translated orally or by other means in parents native

language • ODE has some languages translated• If not feasible to provide written translation – DOR should make

arrangements for a bilingual interpreter to explain (Lau Resource Center can help)

• If parents are blind – DOR provides in Braille, large print (contact CISAM) or orally

• If parents are deaf – DOR arranges for interpreting services for a meeting to explain the notice

Content: Understandable Language Cont.

• Written evidence that these requirements have been met– Documentation of the steps taken to ensure

that the notice was explained and that the parents understand the content of the notice (e.g., record meeting date, time and place where interpreter services were provided) and include this documentation in the child’s education record.

• If the school district has a parent mentor, it may request the parent mentor to assist in explaining the notice to the parents.

Electronic mail • The school district may make the Prior Written Notice to Parents

PR-01 form, the procedural safeguards notice (Whose IDEA Is This?) and the notification of a due process complaint available by electronic communication if the parents choose to receive notices electronically.

• If so, the school district should document this request; for example, district personnel make a notation in the child’s file of the parents’ verbal request, including the date and place of the request (e.g., parent conference, hallway conversation, IEP meeting).

• Note: If the school district communicates with the parents by electronic mail, these communications become part of the child's education record.


PR-01 Compliance Issues

• It isn’t given at all the times specified

• It isn’t given in conjunction with a PR-05 (consent) – showing “informed consent”.

• Some boxes are left blank or contain N/A

• Is not in student record file – showing evidence that the PR-01 was done

Activity #1- Large Group

Determine next to each instance who would be the most

likely person/discipline

to develop the PR-01

Activity #2 – Elbow Partners

Using the Potential Reasons for Writing a PR-

01 handout – choose 2 times

and practice writing a PR-01

Guidance From ODE www.edresourcesohio.org

Forms


Questions

Disclaimer

• Per the Performance Agreement 2010-11• Documents, products and software developed with IDEA Part B

funds must include the following disclaimer somewhere within the body of said documents, product and or software:

• There are no copyright restrictions on this document/product/software. However, please cite and credit the source when copying all or part of this document/product/software. This document/product/software was supported in whole or in part by the U.S. Department of Education, Office of Special Education Programs, (Award #Q27A090111A, CFDA 84.027A, awarded to the Ohio Department of Education). The opinions expressed herein do not necessarily reflect the policy or position of the U.S. Department of Education, Office of Special Education Programs, and no official endorsement by the Department should be inferred.

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