What is a Prior Written Notice and When Should I Be Given or Request One?
By: Becca Phillips, Advocate
Navigating through the special education process can often feel daunting and overwhelming for parents and guardians. One document that can often be used as a tool to ensure your child’s rights are being protected and properly documented is called a Prior Written Notice. In today’s blog post we are going to outline what a PWN is, when you should request one from the school, and how you can use it as a tool to advocate for your child.
What is a Prior Written Notice?
A Prior Written Notice, or often referred to as a PWN, is a legal requirement under the Individuals with Disabilities Education Act (IDEA) that school districts must provide to parents anytime they propose or refuse to initiate or change the identification, evaluation, placement, or provision of a Free Appropriate Public Education (FAPE) for a child with a disability. Providing a PWN applies whether the district agrees with the parent’s request or refuses it.
The purpose of PWNs are to:
Inform you of what the school proposes or refuses to do or implement
Explain why the school is making that decision
Outline the evaluation data, reports, or other information the school used to make the decision
Let you know your rights to disagree with the decision.
A Prior Written Notice is going to ensure that you are fully informed before any major special education decisions are implemented that affect your child.
When Should You Request a PWN?
You have the right to request a PWN at any time to confirm the school’s decisions in writing or often to formally document disagreements between parents and the school. Some common scenarios related to 34 C.F.R. § 300.503(a) when you must be provided a PWN include:
Before an initial evaluation or a 3 year reevaluation - the PWN will explain why the evaluation is occurring and what tests and assessments will be used
If the school denies your request for evaluation- the PWN will outline that you requested an evaluation and why they are denying your request, including the evidence and justification for denying the request.
If the school refuses services you requested, such as Occupational Therapy, Speech Therapy, Physical Therapy, or Mental Health services, a PWN will explain why they denied requested minutes
When the school proposes a change in services - the PWN will document a proposed change to increasing or decreasing service minutes in determined areas of need, the addition of a para or aide as adult support, or changing pull-out minutes to push-in minutes or vice versa
Changes to placement - change to the least restrictive environment that means changing your child's placement from general education to more minutes in special education that may include new placements such as a self contained class or residential facility
Changes in goals or supports - Changes to or the modification of IEP goals, accommodations, or modifications
Disciplinary action that impacts services - If disciplinary action such as in or out of school suspensions or expulsions will affect your child’s IEP services
Any time the school denies a parental request - a PWN should always be provided to document the school’s reasoning for denying any parent request
What is Included in a PWN?
Per the requirements of IDEA, under 34 C.F.R. § 300.503(b), a PWN must include:
A description of the action proposed or refused
An explanation of why the agency proposed or refuses the action
A description of each evaluation procedure, assessment, record, or report that was used as a basis for the proposed or refused action
A statement that parents have protection under IDEA’s procedural safeguards
How parents can obtain a copy of the procedural safeguards
Resources for parents to contact to obtain help understanding IDEA
A description of any other options considered and the reasons those options were rejected
A description of other relevant factors (ie. attendance, behavior, medical needs)
Parents can use a Prior Written Notice for many reasons that include providing a clear record to understanding the schools decision and the reasoning behind it. It is a way to document disagreements to a proposed or refused action, which often becomes a key document for mediation, due process, or filing state complaints. It can help you prepare for IEP meetings to ask informed questions, request data, or propose alternative solutions. It allows you to track changes in your child’s services and placement over time, and provides you opportunities to review what was discussed in a meeting and ask for clarity or additional information if what is written is unclear.
All of this to say: when in doubt, ask for a PWN to document any of the scenarios discussed above. Always ask for a PWN in writing, keep a record of all past PWN documents, compare a PWN when you are provided it to the most recent IEP that was reviewed to ensure it accurately reflects what was proposed or changes, and don’t hesitate to ask questions if there is anything written that you are confused by or do not understand.
