Federal and state laws require that families fully understand their rights throughout all early intervention processes. Providers must clearly explain each right within the context of services. Families must be notified in writing before any action affecting their child is taken, give consent for all service-related activities, and be provided a copy of the Family Rights booklet before the initial evaluation and assessment. If the child is eligible and has an IFSP, the booklet must be offered at least annually and can additionally be offered during evaluation, revision, review, or transition.
Explaining Parents Rights and Safeguards
Even though written materials are given to families at least annually, providers are aware that each right and safeguard has implications for a family’s experience with PIC and work to explain the rights to families throughout their child's enrollment. Further, because PIC is family-oriented and relationship centered, the rights and safeguards convey the IDEA’s central principles of respect for families’ privacy, diversity, and role as informed members of the IFSP team. Only to the extent that families understand their options can they fully exercise their decision-making authority as part of the IFSP team.
Prior Written Notice
Section 303.421 of the IDEA Part C regulations states that, Prior Written Notice (PWN) must be provided to parents within a reasonable time before the lead agency or a provider proposes, or refuses, to initiate or change the identification, evaluation, or placement of their infant or toddler, or the provision of early intervention services to the infant or toddler with a disability and that infant’s or toddler’s family. Parents may exercise the right to decline or dispute the proposed changes as indicated in the PWN.
With this in mind, IDEA Part C requires that parents be given prior written notice on several occasions. Written notice must be provided to the family early enough before the initial eligibility evaluation to ensure that they will be able to attend. If the child is NOT eligible for early intervention the family must be given a prior written notice. For families with children who are eligible prior written notice must be given to the family in a reasonable amount of time before the IFSP meeting, in the event that families want to invite supports, or consider other options.
Proposing to exit a child from early intervention, for whatever reason, would be another example of such a change for which parents need PWN. Typically, this change would be proposed in the context of an IFSP meeting, but there are occasions when a program is unable to contact the family and must notify them of this proposed change.
Generally, if an enrolled client discharges, it is following the Initial evaluation, Annual evaluation, or after Transition events (Transition Plan/Transition Conference). PWN is delivered to provide families with notice of reducing, or discontinuing services. If PWN is provided at one of these events, further PWN is not required if the child is exiting as a result of that event.
If the guardian requests an evaluation that will take place prior to the next annual evaluation and that event will determine eligibility, the provider must initiate PWN.
For Late Referral (after 33 months), PWN will be given prior to the IFSP and at the time of enrollment for eligibility, and will indicate transition events are anticipated (Transition Plan/Transition Conference) so there is no need to do any additional PWN.
PWN Form is not required:
Parent or caregiver notifies PIC that they want to end services or, ‘withdrawn by parent’. Not required because the parent is initiating discharge. (303.421)
A child who is discharged due to “attempts to contact unsuccessful”, will be sent a written notification of the discontinuation of services with a 30-day letter found in RainTree.
Documenting Prior Written Notice Form in RT
- Providers complete the PWN in the Admin tab in RainTree
- They will indicate what actions will take place at the proposed meeting (ie, eval, IFSP review, transition meeting )
- More than one action can take place at the same meeting
- Complete the reason this action is being proposed and the provider lists reasons (ie, eligibility eval due, 6 month review, transition conference is due)
- Parents will sign off on this via RainTree