PWN and California

[Elizabeth D]

Hello,

 

I am helping a friend who lives in California. She requested a PWN after the last IEP where her requests for a 1 on 1 aide and  FBA to create a BIP (they said they could create one with "informal data") were denied. The IS sent her the PWN and the Assessment Plan (they agreed to a full evaluation because it has been almost 3 years since his ETR and he is now in kindergarten). There are 3 pages. The first two are labeled Assessment Plan and Prior Written Notice but page 1 is the PWN and page 2 is the Assessment Plan. Page 3 says Assessment Plan Signature Page. Should there be a signature page for the PWN? She agrees with the assessment plan other than the lack of FBA.  The PWN is not accurate, so it needs to be redone before she agrees or disagrees. If you read the law it does not say that a parent has to sign the consent, so I am wondering if this is state specific. Should she write on the form what she disagrees to? Has anyone seen the PWN and Assessment Plan put together like that? Thanks for your help! Elizabeth Doolittle

[Carolyn Rowlett]

Hi Elizabeth.  I apologize that I did not take the time to look up California law regarding these issues, so hopefully someone with California specific knowledge will jump in.  But from a general standpoint, I have seen a PWN and as Assessment Plan (assuming an "Assessment Plan" is the same as a "Consent for Assessment" in my state) put together.  As far as a signature page for the PWN, that can often be state specific and topic specific (meaning the purpose of the PWN).  However, the IDEA requires parent consent before all initial and re-evaluations and your state cannot override this.  I would interpret your state's failure to address the issue specifically in its laws as following the IDEA.  I would suggest the following:

1) Have them resend the documents with the correct page numbers.

2) When she signs the consent form, she should absolutely write on the consent form that she disagrees with the school district's decision not to do an FBA.

3) Make sure the school district's denial of an FBA is stated on the PWN or on a different PWN.

 

[Elizabeth D]

Thank you Carolyn. We have sent an email back to them addressing the lack of specific information on the PWN. Hopefully they respond. She requested the FBA on January 18th. An IEP was held Feb 13th to discuss the FBA (among other requests including the 1:1 aide and more testing/evaluations). She has not consented to that IEP because of the issue with the FBA. His annual IEP is due by March 10th. They have not officially scheduled it, but she has given them dates/times she is available next week. I assume that all of the issues will be discussed at this IEP. IF they don't get her the PWN by next week's IEP then I guess she will see what happens at that meeting and request a new PWN from that IEP if necessary.