For students with disabilities, effective special education services, placement, and accommodations can be the difference between success and failure in school. Given the importance of these services, federal law requires that parents be part of the process.
One of the ways this is done is through prior written notice (PWN). PWN establishes minimum requirements for schools when communicating with parents of students who have IEPs. PWN helps to make sure that parents have the information they need to participate in the special education process and advocate for their students.
If schools fail to provide PWN, parents and guardians may be unable to fully support their students or make informed decisions. This, in turn, can potentially hurt a student’s access to needed special education services and support.
If your child has a disability and you aren’t receiving required notices and information, contact the Education Law Team at the LLF National Law Firm. We assist families throughout California with problems related to special education services. Call us at 888-535-3686 or fill out an online form.
IDEA and Prior Written Notice
Parents have a right to receive PWN under the Individuals with Disabilities Education Act (IDEA). IDEA covers babies, toddlers, and K-12 students.
IDEA establishes an array of rights for children and K-12 students with qualifying disabilities. One of the best known is the Individualized Education Program (IEPs), a written document that establishes the services and support a school must provide a student with disabilities.
What’s less known about IDEA is that the law also establishes rights for parents and guardians of children and students with disabilities. This includes not only the right to participate in shaping their child’s special education program but also the right to receive the information and communications needed to participate through Prior Written Notice.
Schools must send out notice ahead of actions that the school plans to take regarding a student’s placement. When a school sends out a PWN, the school has made a decision and is informing the parents or guardians before making the change. PWN should explain the action the school either will or will not take and the school’s reasons for this decision.
Two sections of IDEA cover the requirements for PWN. Part B is for K-12 students. Part C covers early intervention.
Part B establishes more requirements for PWN compared to Part C. Both sections explain the minimum information schools must provide to students. California and school districts can opt to add additional requirements for notices.
Parents’ Rights in California
The California Department of Education provides parents and guardians with a list of their rights related to special education services. These rights may also extend to students who are either over 18 or emancipated.
Parents and guardians have the following rights in relation to their child’s special education services:
- To participate
- To receive PWN
- To consent
- To refuse consent
- To have their child receive a nondiscriminatory assessment
- To receive independent education evaluations
- To access educational records
- To allow their child to stay in their current program or placement if there’s a disagreement
- To contest IEPs and other decisions related to their child’s special education services
- To use dispute resolution
- To be informed about school discipline and alternative placement
Parents and guardians can participate only as much as they have access to the necessary information to make informed decisions about their child’s placement and services. In addition, parents and guardians can refuse services and revoke that consent at any time.
PWN is crucial for protecting these rights. Without reasonable notice, parents and guardians are limited in their ability to participate and weigh in on these decisions.
When Does California Require Notice?
PWN falls under the category of procedural safeguards. These safeguards range from receiving information about assessments for potential disabilities to learning how to contest a decision regarding their child’s placement or accommodations through dispute resolution.
PWN is one type of required notice. It is generally required for a student’s change in placement or an evaluation. This covers both first-time evaluations and any subsequent assessments.
When is PWN Required?
Schools must provide parents or guardians with notice when a school is either proposing a change or refusing a request for a change for a student’s identification, assessment, or educational placement. Notices must be understandable to the average person and, when feasible, in a parent or guardian’s preferred language or other mode of communication.
Is There a Time Requirement for PWN?
IDEA says only that schools must provide PWN within a reasonable period of time. While other states have added specific deadlines (e.g., notice must be sent 15 days before a change of placement), California follows the federal requirement of a reasonable time.
One exception is for evaluations. For notices related to requests for evaluations, a school must send notice of the proposed evaluations in writing and within 15 days.
What Information Will Be on a Notice?
PWN must include all of the following:
- Describing the action the school is proposing or refusing
- Explaining why the school is proposing or refusing the change
- Listing what assessment procedures, records, or reports the school relied on when making its decision
- Describing the other options the school considered and why these options were rejected
- Any other factors the school considered in proposing or refusing the potential change
- A reminder that parents and guardians have protection under both federal and California law
- Contact information if parents have questions
Parents and guardians need this information to allow them to make informed decisions. Schools must have parent or guardian consent to provide these services, and parents and guardians have the right to reject proposed services or changes.
PWN must generally be sent when a student is beginning or ending a service or placement. For example, if a student has been receiving speech therapy but has progressed to a point that therapy is no longer required, a school district will send a PWN notifying parents that the service will be discontinued. This will be the case even if parents and guardians are aware of and approve of the change.
Beyond informing parents and guardians, these notices can also be useful if parents or guardians disagree with a school’s decision and are unable to reach an agreement. In these situations, PWN can be used when they pursue dispute resolution.
When is PWN Not Required?
Schools aren’t required to send notice in every situation. PWN generally covers major changes to a student’s services or placement.
Schools aren’t required to notify parents or guardians for minor discretionary decisions, staffing decisions, location changes, or when a student is moving up from elementary school to middle school or middle school to high school.
PWN isn’t required when a disciplinary removal is less than ten days. It’s also not required after any evaluations of a student’s progress toward their goals.
These categories may not always be clear-cut. What is or isn’t a minor discretionary discretion may mean different things to different people.
If you believe your child’s school failed to notify you when required, contact the Education Law Team at the LLF National Law Firm.
Prior Written Notice and SELPAs (California Special Education Local Plan Areas)
Given the size of the state, California often relies on regional bodies and organizations. One such example is the California Special Education Local Plan Area (SELPA). These groups help administer and manage special education services in their specific district. Their responsibilities include due process and ensuring parental participation.
How SELPAs operate can vary. A county office of education may handle them. They may be tied to a county, such as Imperial County, a specific school district, as is the case with Pasadena Unified, or they may be an association of several school districts, such as the North Coastal Consortium in San Diego.
El Dorado County, for example, has two SELPAs, while the county’s Office of Education handles early intervention services and provides parents and guardians with the necessary resources to participate in the process. The county also provides families with a guide to Prior Written Notice.
Protect Your Child’s Education
Receiving effective special education services isn’t a luxury for students with disabilities. It’s a key part of their education, and parents have a right to participate in that process.
Prior Written Notice helps make sure that parents and guardians have the information they need to make informed decisions about their child’s special education services and accommodations. While PWN may seem like a small thing, it can have an enormous impact on a student’s education.
When a school or other agency isn’t meeting its legal obligations for providing notice, families have a variety of ways to address the issue. The Education Law Team at the LLF National Law Firm assists our clients with finding a solution that keeps the focus on their child and ensures their child has access to the support they require.
The Education Law Team at the LLF National Law Firm assists families and students throughout California with a range of issues related to special education and disability rights. If you aren’t receiving proper notice or are contending with other problems related to special education, call us at 888-535-3686 or fill out an online form.