What do you all do when you disagree with or there is an omission of a refusal in the PWN? I did see in one of the resources that the content of the PWN is at the discretion of the LEA so is it possible to specifically ask that they document a specific refusal on the PWN?
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Parental Disagreement With the Contents of the Prior Written Notice The prior written notice is completed by the LEA, not the parents. It is based on the information which was provided by the parent, along with other members of the team, orally and/or written, during the decisionmaking processes associated with the evaluation, identification, placement, and provision of FAPE for their child. Therefore, parents do not have the right to require that something be included in the prior written notice that the division has chosen not to include. Neither do the parent(s) have an overriding veto regarding what the division has chosen to include in the prior written notice. In plain language, parents cannot require an LEA to add, subtract, or otherwise include information in the prior written notice if the LEA does not deem it necessary. Therefore, the LEA is left to its own discretion and judgment in deciding what is important enough and necessary to include in the prior written notice document.
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Jennifer Spears
What do you all do when you disagree with or there is an omission of a refusal in the PWN? I did see in one of the resources that the content of the PWN is at the discretion of the LEA so is it possible to specifically ask that they document a specific refusal on the PWN?
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