In May 2019, the MN legislature amended statutes pertaining to the Prior Written Notice and Parental Consent forms. The Minnesota Department of Education (MDE) then convened a workgroup to address the statutory changes. In October, MDE posted a new Prior Written Notice Model Form and a new Consent/Objection Model Form.
SpEd Forms will update to the new versions of the forms in the November 2nd Monthly Update and the old versions of the form will no longer be available. No data will be lost in moving to the new English form. We recommend finalizing all PWNs completed to date in order to preserve the format.
Translated forms will be made available after they are posted by MDE.
Legislation from Minnesota Session Laws-2019, 1st Special Session, May 28, 2019
Minnesota Statutes 2018, section 125A.091, subdivision 3a, is amended to read:Subd. 3a. Additional requirements for prior written notice. In addition to federal law requirements, a prior written notice shall:
- inform the parent that except for the initial placement of a child in special education, the school district will proceed with its proposal for the child’s placement or for providing special education services unless the child’s parent notifies the district of an objection within 14 days of when the district sends the prior written notice to the parent; and
- state that a parent who objects to a proposal or refusal in the prior written notice may:
- request a conciliation conference under subdivision 7 or another alternative dispute resolution procedure under subdivision 8 or 9; or
- identify the specific part of the proposal or refusal the parent objects to and request a meeting with appropriate members of the individualized education program team.
Minnesota Statutes 2018, section 125A.091, subdivision 7, is amended to read:
Subd. 7. Conciliation conference.
A parent must have an opportunity to request a meeting with appropriate members of the individualized education program team or meet with appropriate district staff in at least one conciliation conference if the parent objects to any proposal of which the parent receives notice under subdivision 3a. A district must hold a conciliation conference within ten calendar days from the date the district receives a parent’s
objection to a proposal or refusal in the prior written notice request for a conciliation conference. Except as provided in this section, all discussions held during a conciliation conference are confidential and are not admissible in a due process hearing. Within five school days after the final conciliation conference, the district must prepare and provide to the parent a conciliation conference memorandum that describes the district’s final proposed offer of service. This memorandum is admissible in evidence in any subsequent proceeding.