Notices and Consent-Watch for Road Signs

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 Your consent is voluntary and may be withdrawn at any time.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is not retroactive; it does not cancel an action that occurred after the consent was given and before the consent was revoked.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.

Consent is not required before the school district:

• reviews existing data as part of your child's evaluation or reevaluation; or,
• gives your child a test or other evaluation that is given to all children unless consent is required from the
  parents of all children.

Private School Placement

If you elect to place your child in a private school or facility, the public school does not have to pay for the cost of private education, including special education and related services, if they make a Free Appropriate Public Education Agency (FAPE) available to your child. However, the school district in which the private school is located must include your child in the group of private-schooled students who will be considered for provision of limited services under IDEA 04. You must notify the school in writing, within timelines determined in IDEA 04, if you decide to remove your child and place him/her in a private school.

Consent and Access to Educational Records

The Family Educational Rights and Privacy Act (FERPA) is a federal law that allows you to have access to your child's records and also limits access to your child's records without your consent. FERPA states the school must allow you to inspect and review any educational records relating to your child, including all records regarding the identification, evaluation, educational placement and provision of FAPE. In no case may the school delay this review more than 45 calendar days after you have made your request. The school is also required to tell you who, if anyone other than you,
including authorized school personnel, have examined your child's records, the date the access was given, and the purpose for which the person was authorized to review the records.

Electronic Mail

If your school district offers parents the choice of receiving documents by email, you may choose to receive the following by email:
1. Prior Written Notice;
2. Procedural Safeguards Notice; and,
3. notices related to a due process complaint.