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Prior Written Notice

Prior Written Notice In Special Education - What Is it & Why Do I Care About It As A Parent?

The PWN empowers you by providing a clear, official record of school decisions

Prior Written Notice (PWN)

Prior Written Notice (PWN) in special education is a formal written document from the school to a parent, explaining a proposed change to an IEP, or a district’s refusal to make a change to a child’s Individualized Education Program (IEP).

Under the Individuals with Disabilities Education Act (IDEA), Procedural Safeguards are critical and should guarantee that parents are fully informed and involved in decisions about their child’s education. 

What The Prior Written Notice (PWN) Includes

A PWN must be written in a parent’s native language and include seven key elements: 

  1. A description of the action the school proposes or refuses.
  2. An explanation of why the school is proposing or refusing the action.
  3. A list of the evaluations, assessments, and records used as the basis for the decision.
  4. A statement about the parents’ procedural safeguards, including how to get a copy.
  5. Sources for parents to contact for help in understanding their rights.
  6. A description of other options the IEP team considered and why they were rejected.
  7. A description of any other relevant factors for the school’s proposal or refusal. 

Why You Should Care About The PWN As A Parent

For parents, the PWN is a crucial tool for advocacy and for protecting your child’s educational rights. 

It gives you time to make an informed decision

  • Avoids rushed decisions: IEP meetings can be overwhelming, and important decisions are sometimes made quickly. The PWN provides a detailed, written record that gives you time to review the school’s proposals or refusals at your own pace before any changes are implemented.
  • Ensures clarity: You can review the specifics of the school’s plan and confirm that it accurately reflects what was discussed. If something is missing or incorrect, you can notify the school in writing and request a corrected notice. 

It ensures your voice is heard

  • Documents your requests: If you make a request for an evaluation, a change in services, or an alternative placement and the school refuses it, the school must document your request and their reasoning in the PWN. This creates a formal record of your concerns.
  • Maintains transparency: The requirement to document rejected options and the data used for a decision forces the school to be transparent about its decision-making process. 

It protects your rights to disagree

  • Initiates “stay put”: If you disagree with the school’s proposal and file for mediation or a due process hearing, the “stay put” provision of IDEA is triggered. This means that your child remains in their current educational placement and continues receiving their current services until the dispute is resolved.
  • Establishes a legal record: The PWN serves as a legal document that provides the foundation for any dispute resolution process. A school’s failure to provide a correct and complete PWN can be a compliance violation. 

It formalizes & documents important actions

When Is A PWN Required?

The PWN is required for significant events in your child’s special education journey: 

  • Initial evaluation or reevaluation.
  • Changes to your child’s disability identification.
  • Changes in your child’s educational placement, such as moving from a general education class to a special education class.
  • Changes to your child’s services within their IEP, including adding, reducing, or removing services. 

Summary

Essentially, the PWN empowers you by providing a clear, official record of school decisions. It ensures you have the necessary information and time to participate meaningfully in your child’s education and exercise your rights under IDEA.

If you feel like you could use some support with ensuring all your parent and student rights under IDEA are being served, feel free to give me a call and we can chat about your child’s situation. I offer a free 15 minute initial consultation.

Call Now 919-510-3180
Request A Free Initial Consultation
Watch My YouTube Video On PWN

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