DLTC INFO MEMO 2010-03
STATE OF WISCONSIN
Department of Health Services
Division of Long Term Care
DLTC Information Memo Series 2010-03
Date: May 18, 2010
Index Title: Birth to 3 Program Federal Written Prior Notice
To: Listserv
For: County Birth to 3 Program Coordinators
Area Administrators / Human Services Area Coordinators
County Departments of Developmental Disabilities Services Directors
County Departments of Human Services Directors
County Departments of Social Services Directors
County Waiver Coordinators
County DD Coordinators
Tribal Chairpersons
From: Susan J. Crowley
Administrator
Subject: Written Prior Notice
Document Summary
This memo provides additional clarity for Birth to 3 Programs
regarding the requirement of Written Prior Notice. The Birth to 3 Program
staff will provide the family with written prior notice related to key
decisions made during the Birth to 3 Program process and the notice shall
include sufficient detail of the action(s) recommended and the reasoning
behind those actions being chosen.
DHS is providing clarification related to the existing Birth to 3
Program obligation under the Individuals with Disabilities Education Act
(IDEA) section 639(a)(6) and the Part C Regulations 34 CFR§ 303.403
(http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=f0a94a6cebed9e178ed1b3cf43f7f66a;rgn=div5;view=text;node=34%3A2.1.1.1.2;idno=34;cc=ecfr#34:2.1.1.1.2.1)
to provide parents with written prior notice a reasonable time before the
Birth to 3 Program proposes to initiate or change, or refuses to initiate
or change, any of the following: identification (eligibility status),
evaluation or placement of the child; and provision of appropriate early
intervention services to the child and the child's family. The Office of
Special Education Programs (OSEP) recently clarified several key
procedural requirements related to Written Prior Notice. If the Early
Intervention Services (EIS) provider proposes to initiate or change the
identification, evaluation, or placement of the child, or the provision of
appropriate early intervention services to the child and the child's
family, the EIS provider must provide the parent written prior notice a
reasonable time before an IFSP meeting with the parents regarding the
proposed action. If the EIS provider, as a result of an annual or periodic
IFSP meeting or, at the request of the parents, proposes, or refuses, to
initiate or change the identification, evaluation, or placement of the
child, or the provision of appropriate early intervention services to the
child and the child's family, the EIS provider must provide the parent
written prior notice a reasonable time after the IFSP meeting, or the
request by the parents, regarding the proposed or refused action. The
federal requirements for Written Prior Notice indicates that these notices
must be completed after a decision is made by the Early Intervention (EI)
team and before the proposed action will occur. The federal language is as follows:
IDEA section 639(a)(6)
"Written Prior Notice to the parents of an infant or toddler with a
disability whenever the State agency or service provider proposes to
initiate or change, or refuses to initiate or change the identification,
evaluation or placement of the infant or toddler with a disability, or
the provision of appropriate early intervention services to the infant
or toddler."
The Birth to 3 Program staff will provide the family with written prior
notice related to key decision points in the Birth to 3 Program process
along with a copy of the Parent & Child Rights. The written prior
notice must include sufficient detail to inform the parent about:
- the proposed or refused action;
- the reasons for taking the action, including a description of other
options considered and
reasons for rejecting them;
- the information upon which the proposed or refused action is based;
- the parent's right to refuse consent to an evaluation or a service;
and
- all procedural safeguards the parent has under Part C, including the
right to file a complaint, a description of how to file a complaint,
information on when a complaint must be filed, the right to
participate in mediation and the right to request a hearing regarding
the proposed or refused action.
The notice shall be in language understandable to the general public
and shall be available to the family in the language or mode of
communication normally used by the parent. [34 CFR § 303.403 (b)
&(c)]
In response to a parental request or after an annual or periodic IFSP
meeting, written Prior Notice is given to the parents of a child a
reasonable time before the county or provider proposes, or refuses, to
initiate or change the identification, evaluation, or placement of the
child, or the provision of appropriate early intervention services to the
child and the child's family. The proposed or refused action must be fully
explained to the family before the family gives their consent. The Written
Prior Notice serves as the basis for formal notification to the family
regarding their right to agree or disagree with the decision. Written
Prior Notice is to be given to a family a reasonable amount of time before
the change occurs. This allows the family time to determine if they want
to give consent or choose another avenue (e.g. calling an IFSP meeting,
requesting mediation, etc.). However, if the family gives written consent
with a clear understanding of their rights, then the EI Team may
immediately move to the next step in the process.
The Birth to 3 Written Prior Notice procedural safeguard is designed to
provide families participating in the Birth to 3 Program with the
information related to decisions made regarding their child. In Wisconsin,
families are an integral part of the Birth to 3 process, participating in
the meetings where decisions are made to support the child and family. The
clarification of this requirement assures the family's involvement in the
decisions made during the entire IFSP process, from referral to exit, and
assures families know their rights.
Please note that, as explained by OSEP, written prior notice, which
must be provided to inform parents of a decision, is different from the
invitation of the IFSP meeting, required by 34 CFR§303.342(d)(2).
This clarification of the Written Prior Notice requirement is effective
immediately. If the county Birth to 3 agency has any questions, then they
should contact their lead Birth to 3 staff member.
REGIONAL OFFICE CONTACT: Human Services Area Coordinators
CENTRAL OFFICE CONTACT: Julie Bryda, Children's Services Supervisor,
608-266-7469 or
Julie.bryda@wisconsin.gov
MEMO WEB SITE: http://www.dhs.wisconsin.gov/dsl_info/
Last Revised: September 13, 2010 |
