What is Prior Written Notice

Prior Written Notice (PWN) is a procedural safeguard under IDEA – essentially, it’s a formal written notice the school must give you to explain any significant proposal or refusal regarding your child’s special education program. In practical terms, if the school is going to initiate or change something major (like identifying your child as having a disability, changing their placement or services, or refusing a request you made about their IEP), they have to give you this notice in writing. The PWN outlines what the school plans to do (or not do) and the reasons why.

The school must give you PWN any time it proposes or refuses to initiate or change the identification, evaluation, educational placement, or the provision of FAPE (Free Appropriate Public Education) for your child. Common scenarios include: after an IEP meeting where the team decided on a change (e.g., adding a service or changing a placement), or if you asked for something (like an evaluation or a service) and the school is saying no. You should receive the PWN before the school implements the change – typically it’s provided shortly after the decision is made, to give you a “heads up” before anything takes effect. If a school ever tells you about a big decision only verbally, you can and should request a written notice.

IDEA requires that the PWN contain several key pieces of information: - What action the school is proposing or refusing (for example, “increase speech therapy from 1x/week to 2x/week” or “refusal to evaluate in the area of dyslexia”).. - Why the school is proposing/refusing that action – an explanation of their reasoning.. - The information used to make the decision – such as test results, teacher reports, observations, etc.. - Other options considered and why those were rejected (e.g., “we also discussed keeping the current placement, but rejected that because…”). - Other factors relevant to the decision (anything else that played a part in the decision). - A statement that parents have procedural safeguards (parent rights) and how to get a copy of those rights. - Sources for parents to contact for help in understanding their rights (often contact info for Parent Centers). Additionally, the notice should be provided in your native language or mode of communication, so you can understand it.

PWN is a critical protection for parents. It ensures you are fully informed of what the school is doing (or not doing) for your child and the rationale behind it. This transparency allows you to agree or object with knowledge of the facts. For instance, if the school refuses a service and gives reasons in a PWN, you then have something concrete to examine and challenge if needed. PWN also creates a written record, which can be very important if disputes arise later. In short, it keeps you in the loop and gives you a chance to respond before changes happen. If you disagree with what’s in the PWN, you can take action (like requesting mediation or due process) before the school’s decision is carried out.

No – unlike some other forms, a Prior Written Notice usually does not require a parent signature for implementation. It’s a notice, not consent (except in cases where it’s combined with a consent form for evaluation or services). The school is informing you of what will happen; they don’t need you to “approve” it via signature. Sometimes a PWN document might have a place for you to sign that you received it, but you are not approving the content by signing. Even if you never sign or respond, the school can proceed with the described action after the notice is given and the indicated time has passed. Of course, if you disagree with what’s in the notice, simply not signing isn’t enough – you’d need to actively object through dispute resolution channels.

If you disagree with the school’s proposed action or refusal, you have the right to challenge it. You can try discussing your concerns with the IEP team first, but if that doesn’t resolve it, you may need to invoke formal dispute resolution options. This could mean requesting mediation or filing a due process complaint. Importantly, if you file a due process complaint over a proposed change, a “stay put” provision typically kicks in – meaning the child’s last agreed-upon program stays in place until the dispute is resolved. So PWN is effectively the school saying “this is what we plan to do (or not do).” If you do nothing, the plan goes forward on the effective date. If you object, you need to act within a reasonable time frame. Always communicate in writing if you disagree and state that you are pursuing next steps. The PWN itself should inform you that you have procedural safeguards you can exercise.

In practice, yes, most IEP meetings that result in any changes or decisions will be followed by a PWN. For example, after an annual review meeting where you update goals and services, the school will issue a PWN summarizing those changes. If an IEP meeting happens and no changes were made (which is rare), then a PWN might not be necessary because there’s nothing to propose or refuse – but often there’s at least some minor change to document. Even if you verbally agree in the meeting, the school still formalizes it in writing with a PWN. Think of the PWN as the school’s official record of what was decided (or not granted) – it’s an important summary for everyone’s records. If you haven’t received a PWN after a meeting where something was decided, you can request one.