As previously discussed, special education is governed by IDEA: the Individuals with Disabilities Education Act (IDEA). Furthermore, Under IDEA, parents have procedural safeguards, legal rights and protections during the special education process. In fact, every parent is provided with procedural safeguards throughout the special education evaluation. This includes consenting to special education services and at each subsequent IEP meeting (unless they decline).
Moreover, a key document each parent receives following the IEP meeting and included in the procedural safeguards is the Prior Written Notice (PWN). Now, don’t let the word “Prior” fool you. This doesn’t mean you are required to receive the document prior to the IEP meeting. It means you are required to receive the document prior to the actual changes being implemented.
What is a Prior Written Notice?
- Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to child, or the provision of FAPE to the child; or
- Refuses to initiate change in the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.
What Must Prior Written Notice Include?
- A description of the action proposed or refused.
- An explanation of why the agency proposes or refuses the action.
- A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action.
- A statement describing the parents of a child with a disability is protected under procedural safeguards. If this notice is not an initial referral for evaluation, directions on obtaining a copy of a description of the procedural safeguards are provided.
- Sources for parents to contact to obtain assistance in understanding the provision of this part.
- A description of other options the IEP team considered and why those options were rejected.
- A description of other factors relevant to the agency’s proposal or refusal.
Why is Prior Written Notice Required?
- It allows the parent time to fully consider the change and determine if they have additional suggestions, concerns, or questions.
- It ensures that parents are informed participants during the special education process. This allows meaningful parent participation, which is a part of FAPE.
Prior Written Notice Examples & Non-Examples
Remember, this list is not exhaustive. These are examples of districts that would be required to provide a PWN and those that would not be.
| Examples | Non-Examples |
| Child found Eligible for special education | Child receiving intervention in general education |
| Child found Ineligible for special education | Eligible or ineligible for Section 504 plan |
| Continued eligibility after re-evaluation | Administering districtwide or statewide assessments |
| Change in eligibility category | Disciplinary removal that results in a change in placement |
| Consent for initial evaluation or reevaluation | Progress monitoring of annual goals and objectives |
| Decision to not conduct an evaluation | Relocation of a program to another building |
| Decision to grant request for an IEE | Transitioning from elementary to middle or middle to high school |
| Change in accommodations for assessments | Student receives state defined alternative diploma |
| Consent for initial special education services | Change in an instructional delivery model |
| Change in placement | Change in course schedule |
| After a parent-teacher conference | Disciplinary removal that does NOT result in a change of placement |
| Change in instructional delivery models | |
| Graduation from high school | |
| Student ages out of special education | |
| Parent placement student in a residential facility | |
| Parent placement student in residential facility |
Prior Written Notice Tips & Takeaways
- Ensure you receive a prior written notice following any changes to your learner’s special education services.
- Ensure any proposed, accepted, or refused requests are documented in the prior written notice.
- Ensure you understand the PWN, and ask questions if something needs clarification.
- Ensure the PWN is accurate and reflects what was discussed in the meeting.
- Check your state’s policy and the district’s policy on incorrect PWNs.
- Make sure the PWN is specific and detailed.
In conclusion, PWN is an important document, and most parents don’t know what it is or the importance of having one. Therefore, make sure you know your rights!
About the Author
Destiny Huff
Destiny is the proud wife of a former active-duty, current reserve Army Officer. She is also a former military brat of a Retired CSM who served 27 years in the U.S. Army. Destiny is late-diagnosed Autistic and ADHD. She is a Licensed Professional Counselor, Certified Trauma-Focused Cognitive Behavior Therapist, and Certified Supervisor. Destiny has worked as a mental health professional with military service members and their families.
Destiny received a Bachelor of Science in Psychology from Georgia Southern University and a Master of Science in Clinical-Counseling Psychology from Valdosta State University. She successfully defended her Dissertation at Walden University, where her research focus was on using bibliotherapy as a clinical strategy to address the unique challenges that military children face.
In 2022, Destiny received a crash course in special education and IEPs when her oldest son was diagnosed with Autism. After advocating early on for her youngest son, who has a Speech Delay, she learned the importance of having to advocate in the school setting. Destiny became a Special Education Parent Advocate and Master IEP Coach to help other families advocate for their children and prevent them from going through what her family went through.
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