Prior Written Notice

One of the procedural safeguards afforded to parents is the required Prior Written Notice (PWN) of certain proposed special education actions. This notice must be provided to parents within a reasonable amount of time before the date the district proposes or refuses to initiate or change the:

• Identification - when a disability is suspected and the student is referred for assessment OR when the team reviewed evaluation results and other data to determine whether a student has a disability. Following any eligibility determination meeting, the PWN should always include the eligible category/categories of disability(ies).


• Evaluation - after an evaluation planning meeting in which an initial evaluation is proposed OR following a reevaluation review meeting in which proposals are made to evaluate or not evaluate. If an evaluation is required, the PWN should always include the areas in which the student will be evaluated.


• Educational placement of their child - following any Initial IEP meeting in which special education services are proposed or in any IEP meeting in which a change to the current educational placement is proposed. Teams must consider the full continuum of services when considering educational placement, including alternative placement. Decisions may range from services within the general education setting to specialized classes, special schools, or home instruction. Educational placements correspond to the “Placement Options” section in the Least Restrictive Environment step in the IEP process.


• Provision of a FAPE to their child - describes the services proposed for the student. Federal law defines FAPE as special education and related services that are provided at public expense, under public supervision and direction, and without charge. This may include: transition services, goals and objectives, accommodations/modifications/supplementary services, any special education or related services, the amount of services to be provided, the location of services to be provided, participation in testing, and least restrictive environment.
  (34 CFR § 300.503(a))

The PWN provided to parents for each proposed special education action must contain specific information:

• a description of the action proposed or refused;


• an explanation of why the district proposes or refuses to take the action;


• a description of each evaluation procedure, assessment, record, or report the district used as basis for proposed or refused action;


• a description of the other options the IEP team considered and reasons why they were rejected;


• a description of any other factors relevant to the proposal or refusal;


• a statement that the parents have parental rights under the law; and


• sources for parents to contact to assist in understanding their rights.

Additionally, if the PWN is to propose to conduct an initial evaluation or a reevaluation, the notice must describe any evaluation procedures that the district proposes to conduct (34 CFR § 300.304(a)(1)).

Prior Written Notice IS NOT required BEFORE a meeting (even for possible changes in placement), but IS required AFTER all meetings prior to implementing any changes recommended by the team. PWN must be sent at the conclusion of the meeting (prior to the implementation of any changes decided upon or refusal to make changes). This PWN provides information about what changes will be implemented or what changes the IEP team refused to make.

A Prior Written Notice can be completed in the IEP software for any student.