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Notices and Consent-Watch for Road Signs

Source: State: Arizona Department of Education
Topics: Special Education Laws and Legislation

Prior Written Notice

Prior Written Notice (PWN) is a document the school must give you when they propose or refuse to initiate or change your child's:

  • identification;
  • evaluation;
  • educational placement; or,
  • provision of a Free Appropriate Public Education (FAPE)

The PWN must be written in a language that is understandable to the general public and be provided in your native language or the mode of communication you use, unless it's not realistic to do so.

The PWN must:

1. describe the action the school proposes or refuses to take;
2. explain why your school is proposing or refusing to take the action;
3. describe any other options that were considered and the reasons why those options were rejected;
4. describe each evaluation procedure, test and records the school used to make their decision;
5. tell you how you can obtain a description of the procedural safeguards if the action that your school is proposing or refusing is not an initial referral for evaluation;
6. include resources for you to contact for help in understanding the notice; and,
7. provide a description of other reasons why your school proposed or refused the action.

Procedural Safeguards Notice

The Procedural Safeguards Notice (PSN) provides you with a full explanation of special education rules and procedures used to ensure your rights, and those of your child. Those rights are protected throughout the special education process. Knowledge of your rights will help you understand the process and make informed decisions.

The school must provide you with a copy of the PSN:

  • at least once a year;
  • when your child is initially referred for an evaluation;
  • in accordance with discipline procedures;
  • when you file a State complaint (the first complaint in a school year);
  • when you, or the school, files a due process complaint (the first due process complaint in a school year); or,
  • upon request.

Meeting Notice

The school must provide you with a written meeting notice when any group gathers to make decisions about theidentification, evaluation, or educational placement of your child in special education, as well as the provision of FAPE. You will be invited to all these meetings.

Parental Consent

Consent means that you have been fully informed of all information that pertains to the activity the school needs your permission to complete and that you agree in writing to that action. Your consent is voluntary and may be withdrawn at any time. If you revoke consent, the revocation is not retroactive; it does not cancel an action that occurred after the consent was given and before the consent was revoked.

The request for consent must:

  • be written in your native language or other method of communicating;
  • describe the activity; and,
  • list the records (if any) that will be released and to whom.

Consent is required before any of the following five instances can occur:

1. initial evaluation to determine if your child requires special education and related services;
2. reevaluation of your child;
3. placement of your child for the first time in a special education program;
4. access to your child's public benefits or private insurance regarding FAPE; or,
5. release of any personally identifiable information about your child.

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