The Purpose of a Prior Written Notice

As special education teachers and IEP teams know, a Prior Written Notice (PWN) has to be given to the parent(s) of a child with a disability “within a reasonable time” before the LEA proposes or refuses any change to the child’s identification, evaluation, or placement – or any time the provision of FAPE is discussed. And a PWN has to be sent prior to any decision being implemented.

But what is the purpose of a PWN? And when should one be sent (or not sent)?

Understanding a Prior Written Notice

What is the Purpose of a Prior Written Notice?

Prior written notice is designed to:

• provide comprehensive documentation of any proposed or refused actions made, while also making sure that everyone on the IEP team is on the same page.
• provide the parents with an opportunity to voice any concerns or suggestions and get them in writing.
• ensure that the IEP team received informed parental consent.
• assist the parent, or the IEP team, in determining any proposed or refused actions to seek a resolution through any dispute (due process, mediation, or state complaint).

Use this paper template of the prior written notice to make sure you are hitting all of the important points and necessary information during the PWN part of an IEP meeting.  Download it when you join The Intentional IEP here or by clicking the image above.

When Should the IEP Team Provide a Prior Written Notice?

While it is important to understand what a prior written notice is and why to send it out, it’s also important to know when to provide a PWN. Here are some of the circumstances that would warrant a PWN:

• Evaluations: any time consent is needed for an evaluation; when the child is found ineligible for services; or refusal to evaluate or provide an independent educational evaluation (IEE).
• Identification: at initial eligibility; when a change is made to the child’s disability category, or when a child is no longer eligible under a disability category
• Placement: determination of placement, or any change or refusal of change in placement (including for disciplinary reasons)
• Provision of FAPE: any changes or refusal of changes to the child’s IEP (services, accommodations, modifications, transportation, method of assessment), termination of services, graduation (standard or non-standard diploma track), provision of “comparable services” when a student moves.
• Other: transfer of rights at the age of majority, refusal to provide services or provision of “equitable services”, revocation of parental consent, or refusal to hold an IEP meeting after parent request.

Please know that these lists are not exhaustive, but rather a starting point. And it is always best to check the state and federal guidelines for where you teach or live.

When Should a PWN be Sent?

According to the IDEA law, prior written notice is due a reasonable amount of time before the proposed changes are to go into effect. It is a good rule of thumb to provide the documentation at minimum two weeks ahead of time. Your district or state may have different guidelines so be sure to follow their timeframe. Don’t forget to document when and how the PWN was sent.

Sample Prior Written Notice

Writing a PWN can be intimidating at first, so the Department of Education provided a sample Prior Written Notice form. This makes it easy to ensure that all of the components are included and that families are given the most accurate, easy-to-understand information.

Understanding the what, why, and hows about Prior Written Notice will make it easier to create and send them to your students’ families. Remember, the PWN is a legally mandated document that serves as a safeguard for families of children with IEPs. It is your responsibility to provide it in a timely manner.

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