Special Education

Revised New York State Required Form: Prior Written Notice (Notice of Recommendation) Relating to Special Education

July 2013

SPECIAL EDUCATION FIELD ADVISORY

FROM:
James P. DeLorenzo 

SUBJECT:
Revised New York State Required Form: Prior Written Notice (Notice of Recommendation) Relating to Special Education - PDF PDF document (129 KB)

The New York State Education Department (NYSED) has updated the State required Prior Written Notice form to assist school districts to provide the parent(s) of a student with a disability (or the parent(s) of a student suspected of having a disability) with the required written notification whenever the district proposes (or refuses) to initiate or change the identification, evaluation, educational placement of a student with a disability or the provision of a free appropriate public education (FAPE) to the student. 

The only change to the State’s Prior Written Notice form was to replace one of the drop-down fields under “Subject of this notice.”  The option of “Receipt of IEP diploma” should be replaced with “Receipt of nondiploma credential.”  Corresponding changes to guidance have been highlighted in yellow.

This change is required based on recent changes to the Regulations of the Commissioner of Education related to the Skills and Achievement Commencement Credential and the New York State (NYS) Career Development and Occupational Studies (CDOS) Commencement Credential.  Beginning with the 2013-14 school year and thereafter, students with disabilities will be able to earn either a Skills and Achievement Commencement Credential (for a student with a severe disability who has taken the NYS Alternate Assessment) or a NYS CDOS Commencement Credential.  If either of these credentials is the student’s only exiting credential and he/she is less than 21 years of age, the parent must be provided Prior Written Notice indicating that the student continues to be eligible for FAPE until the end of the school year in which he/she turns age 21.  Effective July 1, 2013, an individualized education program (IEP) diploma may no longer be awarded to students with disabilities.  

For further information on the State’s required Prior Written Notice form, see the January 2010 memorandum, New York State Model Forms:  Prior Written Notice (Notice of Recommendation) Relating to Special Education, at http://www.p12.nysed.gov/specialed/formsnotices/PWN/memo-jan10.htm.

Questions regarding the Prior Written Notice form may be directed to the Special Education Policy Unit at 518-473-2878 or speced@mail.nysed.gov or the Special Education Quality Assurance Office in your region:

Central Regional Office

(315) 428-4556

Eastern Regional Office

(518) 486-6366

Hudson Valley Regional Office

(518) 473-1185

Long Island Regional Office

(631) 952-3352

New York City Regional Office

(718) 722-4544

Western Regional Office

(585) 344-2002

Nondistrict Unit

(518) 473-1185

To ensure dissemination to appropriate individuals within a school district, I ask Superintendents to please share this memorandum with individuals such as Directors of Special Education, School Psychologists, Committee on Special Education and Committee on Preschool Special Education Chairpersons, Guidance Counselors and Directors of Pupil Personnel and Parent Teacher Associations.

Attachments

Prior Written Notice (Notice of Recommendation)

Attachment 2 - Directions for Use of State Model Prior Written Notice Form

Attachment 3 - Information to Assist School Districts to Complete the Prior Written Notice

Attachment 4 - Examples

Attachment 5 - Questions and Answers

Last Updated: July 29, 2013