Special Education Tip – I Heard it Through the Grapevine – 86-2018

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Rochelle’s Special Education Tips

I Heard it Through the Grapevine
If It Is Not In the PWN You Will Have a Hard Time Proving It Happened

When you develop the Prior Written Notice (PWN) be sure to document what happened, in English. If you feel compelled to use educationalese, also add interpretive language in layperson’s English. Be clear. After you write the document, step back and read it. Pretend you were not at the meeting. Would you know what occurred at the meeting based on what you wrote in the PWN? Some IEP teams keep both the PWN and accompanying Minutes, which are helpful when you cannot figure out how to fit a summary of the meeting into the PWN. An administrative law judge is more likely to believe a witness who confirms what was written in the PWN or Minutes instead of someone who cannot recall exactly what occurred at an IEP team meeting. The same principle holds true for 504 Minutes.

Rochelle’s Special Education Tips (“Tips”) are designed to be helpful and thought provoking, but should not be considered legal advice as they may not be accurate for use in all situations. Tips are based on my opinions and positions in accordance with federal and Maryland law and my over 35 years of experience in the special education legal field. – Rochelle S. Eisenberg, Esquire

Copyright © 2018 Pessin Katz Law, P.A. All rights reserved.

Tips may be reproduced for distribution within the educational institution, the individual school or school system and is for use by their staff. Additional distribution must be approved by author.

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