Prior Written Notice (PWN) under IDEA: what parents should look for

When is Prior Written Notice required?

IDEA requires written notice a reasonable time before a public agency proposes to initiate or change, or refuses to initiate or change, the identification, evaluation or educational placement of a child or the provision of FAPE. PWN is therefore useful after important requests and decisions, including some evaluation, eligibility, placement and service decisions.

What should the notice contain?

Federal regulations require the notice to describe the proposed or refused action, explain why the agency made the decision, identify the evaluation procedures, assessments, records or reports used as a basis, describe other options considered and why they were rejected, and identify other relevant factors. It must also point parents to procedural safeguards and sources of help.

How can parents use PWN?

Read the notice beside your written request, the latest evaluation data and the IEP. Check whether the notice actually addresses the request you made and whether the stated evidence supports the decision. If important information is missing or inaccurate, respond in writing and keep a dated copy.

Check state and local procedures

States and districts may use their own PWN forms and may provide additional protections. The federal rule sets the baseline, so check your state education agency procedural safeguards notice as well.