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Rochelle’s Special Education Tips

Creating a Record and the Need to Give Proper Attention to Parental Input

When the IEP or 504 team receives an assessment report or letter from a doctor, be sure the Prior Written Notice (PWN) or minutes of the meeting specifies that the team “reviewed, discussed, and considered” the document. That is the best proof the team properly considered the report. Also, be sure to write the date of receipt of the document on the document, which should then be placed in the student’s file. Include the year (i.e. “Report received by IEP team on February 2, 2017”). Not only should you note the document in your PWN/minutes, but be sure the IEP or 504 team actually discusses the report. Your PWN/minutes should review the recommendations in the report. Some of the recommendations may be quite good. Make sure your teachers are alerted that should the parent hand them a report/letter, the report/letter should be brought to the attention of the Case Manager to be reviewed at the next IEP/504 meeting. In fact, you may need to schedule a meeting just for the purpose of reviewing the report/letter. This includes reports/letters dropped off at school in the summer.

Often, the report/letter is prepared by someone who makes conclusory allegations against a school program, without having stepped foot in the school or spoken with the teachers. So it is important that your PWN/minutes highlight this essential fact.

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 © 2016 Pessin Katz Law, P.A. All rights reserved.
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