In order to start that process, LEAs must issue a Prior Written Notice/Request for Consent form to the parents of the student.
On May 1st, 2023, PDE’s Bureau of Special Education (BSE) announced that it had revised the recommended PWN/RFC form. It is important for LEAs to understand the developments that have taken place with these revisions.
The new forms, intended for use beginning on November 1st, 2023, were created after BSE determined that some LEAs did not sufficiently include parents in the evaluation process. Specifically, BSE determined that parents were not always involved in reviewing existing data and determining whether additional evaluations are needed.
BSE now recommends a two-step process in which parents are notified that a review of existing data is occurring and are then asked to consent to additional assessments.
While the new forms are featured on BSE’s website, is important to note that BSE has stated it does not require use of the revised forms and does not enforce their use. This means that LEAs are not strictly bound to use these forms and can draft their own forms.
There is no question that the re-evaluation process proceeds in two steps: first a review of existing data and then a determination whether and what additional assessments are needed to identify all areas of need.
LEAs should ensure that the full IEP Team, including the parents, participate in the review of records. This can be accomplished during a formal meeting, or with documentation of requested input from each member of the Team.
Similarly, each Team member should participate in the decision whether additional testing is needed. BSE’s new recommended forms are intended to document the process.
Bottom Line for Schools
Schools must ensure that parents have a meaningful opportunity to participate in all aspects of the evaluation and re-evaluation process. Schools may wish to review their forms and processes with their solicitor to ensure procedural compliance.
School leaders and special education teams with questions should contact their school solicitor or one of the Special Education attorneys at KingSpry.
