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PWN, after the fact


DinahSoar

Question

Son is in 1st grade, gen ed, public school Academically inclined. Socially delayed, can be violent, big behaviors, Autistic, Emotional Impairment classification on IEP. 

Student is to receive Social Work services, multiple times per month.

School started in August. No SW on staff, parents aren't informed.  Mother emails team (including SPED Director) multiple times asking for a plan or meeting. Neither happen, due to staff availability.

October, virtual social work services start. Student received 2 virtual sessions. Virtual SW goes on maternity leave. (No shade, hooray for babies!) 

November, school still doesn't inform parents that services aren't being provided. Parents receive PWN letter stating that SW services cannot be provided due to staffing. That they will evaluate need for compensatory services once staff is hired and that compensatory services cannot take place during the regular school day. 

Now what? We have an advocate, waiting to hear back. We are already considering state complaint for issues last year. 

Bless your heart for making it thru this post. I so appreciate you taking the time to read and consider. 

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IDEA doesn't address the issue we have been seeing with schools looking to hire staff to provide services on an IEP where there are no qualified applicants.  It's fairly typical that schools don't tell parents when this situation exists - again, no guidance in IDEA saying that schools should be transparent & keep parents in the loop.

PWN gets written after an IEP meeting.  It's the notice of what was discussed at an IEP meeting  prior to implementing the updated IEP.  I'm not sure the letter you got was PWN.  Did they change the IEP?  If they didn't, PWN isn't needed - if they did change the IEP, file a state complaint as it's not allowed without an IEP meeting that parents were invited to.  My feeling is that this is a letter telling you they haven't followed the IEP and they owe services to your child - not PWN.  https://adayinourshoes.com/iep-prior-written-notice-pwn/

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PWN doesn't make sense to me.  (I'm hoping someone else chimes in.)  It might be a way to CYA so the school is 'protected' given they are admitting to not following the IEP.

The way I'm reading this is:  we thought about following the IEP but we decided not to because we don't have staff to do it.  When a school (at least in PA where I live) gets a state complaint & are found out-of-compliance, the state watches them closely which creates more paperwork for them - I think they do this for 6 months.  This says 'we know we're not following the IEP' and it might prevent the extra paperwork.

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