The term Prior Written Notice (PWN) is confusing to parents because they normally are given this notice after the conclusion of an ARD/IEP meeting. Prior Written Notice is an element of the Individuals with Disabilities Education Act (IDEA). IDEA requires that Prior Written Notice be submitted to parents in a timely manner. While there are no specific “timeline” requirements, timeliness generally means before a school district takes any action, and in a reasonable amount of time for parents to accept or reject the proposed service or actions. The notice is used by school districts to inform parents in a concise format its intention to propose or refuse an action or actions related to a child’s Individualized Education Plan (IEP). An ARD/IEP meeting is the most common time when changes are made to a child’s educational programming and parents normally see Prior Written Notices at the conclusion of the ARD/IEP meeting. The school is required to give you this notice with a minimum of a 5 school days waiting period before any changes are to be implemented unless you agree to waive the requirement of 5 school days. If you agree to waive the 5 school days then all changes agreed upon during the ARD/IEP meeting go into effect immediately.
Parental rights under IDEA include the right to receive Prior Written Notice from the school each time that the school proposes to take or refuses to take certain actions with respect to your child’s educational programming. Specifically, the school must provide parents with Prior Written Notice each time that it:
- proposes to initiate or change the identification, evaluation, or educational placement of your child
- proposes to initiate or change the provision of free and appropriate education (FAPE) to your child
- refuses to initiate or change the identification, evaluation, or educational placement of your child
- refuses to initiate or change the provision of FAPE to your child
The Prior Written Notice must include very specific & detailed information when it comes to changes to your child’s education and IEP. The Prior Written Notice should include:
- A description of the action or actions proposed or refused
- An explanation of why the district proposes or refuses to take action or actions
- A description of other options the ARD/IEP team considered and the reasons for rejecting those options
- A description of each evaluation procedure, assessment, record, or report the school district used in its rationale for taking the action or actions
- A description of other factors that were deemed relevant to the district’s action or actions
- A statement informing parents that they are protected under the IDEA’s procedural safeguards along with an explanation of what procedural safeguards are available to them
- Resources that the parent may consult to get assistance in understanding Prior Written Notice requirements