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Using Prior Written Notice as a tool

July 8, 2014 in Special Education Advisor Blog by Doug Goldberg

How many parents attended IEP’s recently where you requested changes to your child’s IEP only to be met with resistance and ultimately the School District refused to make the change.  This happens often and many times the parents leave the meeting unsatisfied and not understanding why their request was not approved.  If that is the case the School District is not adequately following the requirements under Prior Written Notice (PWN).  Not only are decisions about your child’s IEP supposed to be Team decisions BUT they are also supposed to be fully thought out, based in facts and put in writing.  This is why the Prior Written Notice requirement was put in place.  It’s easy for a School to say no, it’s not always so easy for them to articulate why they said no.  It becomes increasingly more difficult for the School to explain if the real reason they said no was not based on your child’s individual needs but based on budget concerns or other monetary issues. Read the rest of this entry →

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Test your IEP Knowledge

August 5, 2012 in Special Education Advisor Blog by Doug Goldberg

How well do you think you understand the law that governs Special Education?  Test your IEP knowledge by answering these ten basic questions regarding IEPs and the Individuals with Disabilities Education Act (IDEA).  You will find a link at the end of the questions that will take you to the answers.  Read the rest of this entry →

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FAPE vs FAPE: IDEA & Section 504

January 31, 2012 in Special Education Advisor Blog by Doug Goldberg

The term Free Appropriate Public Education is thrown around a lot in Public Education. There are two separate laws having to do with disabilities that specifically define this term. It can be found in the Section 504 of the Rehabilitation Act and in the Individuals with Disabilities Education Act (IDEA). So what exactly is the difference between the two definitions? Let’s start by looking at how each law defines FAPE. Read the rest of this entry →

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Requirements of Parental Placement of Children on an IEP in Private School at Public Expense

November 6, 2011 in Special Education Advisor Blog by Doug Goldberg

I am hearing from parents more often than ever that they feel their child’s current educational placement is not providing a Free Appropriate Public Education (FAPE) as required under the Individuals with Disabilities Education Act (IDEA).  What are some of the options a parent has when this is the case:  They can file a Due Process Complaint and wait for the outcome or they can place their child in a private school and try to get reimbursed for the cost of the tuition from the public School District. Read the rest of this entry →

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Top Ten Negotiating Skills to learn for an IEP

August 7, 2011 in Special Education Advisor Blog by Doug Goldberg

It's time for another top ten list and here we go:

10. Prepare

Review all past and present assessments, tests, letters, and IEP’s.  Put markers next to important information so it’s easy to find while in the IEP meeting.  Pay close attention to test scores and how that information may be used by either you or the District to make a point.  This may include educating yourself on how to read the test scores.  If you don’t have enough information to make your case then you won’t convince the IEP team. Read the rest of this entry →

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Prior Written Notice – U.S. Department of Education Model Form

October 18, 2010 in Special Education Advisor Blog by Doug Goldberg

Under 34 CFR §300.503(a), the school district must give you a written notice (information received in writing), whenever the school district: Read the rest of this entry →

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Top Ten Parental Rights in Special Education

September 5, 2010 in Special Education Advisor Blog by Dennise Goldberg

10.  Parents have the right to request that their child be assessed for Special Education without delay.  Read the rest of this entry →

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Prior Written Notice One of a Parent’s Most Important Tools

May 12, 2010 in Special Education Advisor Blog by Doug Goldberg

When a parent makes a specific request many times the parent will hear no, we can’t do that or that is not part of our offer.  This is when you should remind them that IDEA requires an explanation in writing of why the school district refuses a request and a description of each evaluation procedure, assessment, record or report the school district used as a basis for the refusal.  This is called Prior Written Notice (PWN) and it applies when the school district proposes to change or refuses to change the identification, evaluation, or placement of a child. Read the rest of this entry →

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