One of the lesser-appreciated parts of disability rights in Georgia is that state and federal laws also extend rights and protections to parents and guardians. This is in addition to protecting children’s rights.
Special education support in K-12 education and early intervention services aren’t just fun add-ons for children with disabilities. These accommodations are an important and mandatory part of their education. Efficient services aid students and toddlers in a variety of ways. Students can better participate in and benefit from school. For babies and toddlers, early intervention can aid development and have a profound impact on their growth and even the rest of their lives.
Parents and guardians have an important role to play in special education. They advocate for their children, helping them to access these services. Parents and guardians have the right to be active participants in shaping their child’s special education support, beginning with the initial evaluation.
An important part of protecting parents’ rights is making sure they have the information necessary to be active participants in the process. This is the reason behind Prior Written Notice (PWN), which establishes certain situations that require schools to contact parents and guardians.
As a parent or guardian of a child with disabilities, you have the right to be involved in the planning and discussions about your child’s early intervention or special education services. You have the right to receive PWN and have the necessary information to contribute to the process.
If you aren’t receiving PWN or are otherwise facing special education issues, contact the Education Law Team at the LLF National Law Firm. We work with families throughout Georgia on special education issues and focus on finding child-centered solutions. Call us at 888-535-3686 or fill out an online form.
When Georgia Requires Prior Written Notice
Schools must send families notice after they propose or refuse a change and before implementing (or not implementing) that change. Even if everyone agrees about a proposed change, a school must still send PWN.
The Individuals with Disabilities Education Act (IDEA) establishes the requirements for PWN and when it must be sent. IDEA is a federal law that establishes rights for children with disabilities and their families. The law covers K-12 students as well as babies and toddlers. The Individualized Education Program (IEP) is one of the best-known parts of IDEA.
PWN is one of several Procedural Safeguards, which is IDEA’s term for the rights that children with disabilities and their families have. PWN is a small but important part of these safeguards as it helps make sure parents and guardians have access to the facts and decisions they need to know to be informed advocates for their children.
Schools or early intervention service providers must send PWN when:
- They’re proposing a change or refusing to make a suggested change to a child’s identification, evaluation, or educational placement.
- They’re proposing a change or refusing to make a suggested change about how a child is provided with a Free and Appropriate Public Education (FAPE).
These notices must be in easy-to-understand language. When possible, they must be in the parents’ preferred language or method of communication.
What Does PWN Cover?
Identification, evaluation, educational placement, and FAPE provisions are, in a way, an example of difficult-to-understand language that surrounds K-12 special education. Here’s what these terms generally mean:
- Identification: Identifying students who may have a disability or who do have a disability and are eligible for services
- Evaluation: Either the initial assessment to determine if a child has a disability that makes them eligible for special education services, or any additional or reassessments
- Educational placement: Essentially, where a student attends school. The majority of students with disabilities spend most of their days in general education classrooms, but others may be in specialized classrooms, programs, or schools. If a student has disciplinary issues, they may be placed in an alternative educational setting.
- Provisions of FAPE: This refers to the terms of a student’s IEP and the services they receive. Any change to a student’s IEP falls under this category.
A school will, for example, need to send PWN to re-evaluate a student. A school won’t have to send PWN if a student is undergoing a statewide assessment, because it’s not specific to the student.
Similarly, a student is in Classroom A but is reassigned to Classroom B. These classrooms provide identical support, and PWN isn’t required. If, however, the student is reassigned to Classroom C, which has different support services, PWN is required.
What Prior Written Notice Must Include in Georgia
Georgia follows IDEA’s requirements for PWN and doesn’t add any required information. In general, notices related to early intervention have fewer requirements than for K-12 students, but both must list each proposed action and the why behind each action.
Georgia requires the following information for PWN:
- Each action that the school is proposing or refusing.
- Why the school is proposing or refusing that action.
- A description of every evaluation procedure, test, record, or report the school used when making its decision.
- Any other relevant reasons that informed the school’s proposed or rejected action.
- All other options the school considered, and why it rejected those options.
- Either a copy of Georgia’s Procedural Safeguards, or how families can get a copy of them.
- Contact information for additional questions.
Even when families and schools agree on a decision, both sides should still want a fully completed PWN. PWN is important beyond just keeping parents and guardians informed.
What is the Purpose of Prior Written Notice?
The Georgia Department of Education highlights two of the reasons behind PWN and why notice is important. One is keeping parents and guardians informed.
The second is establishing a documented record of decisions and the reasons for those decisions. This can help prevent future disagreements and reduce later confusion.
For example, parents and the IEP team have a video call. Everyone agrees the student would benefit from weekly counseling sessions to address recent behavioral issues at home and at school.
Even though everyone agrees and is on the same page, school staff still complete PWN and send it to the family, as well as including it in the student’s file. This is the case for any communication between school staff and families, including meetings, phone calls, and even emails.
PWN is important even when parents or guardians initiated the request for a change. The requirements for PWN don’t change because of who started the process of requesting or suggesting an alteration to a student’s support or evaluation.
While schools can send PWN along with an IEP or even include it in an IEP, an IEP alone cannot substitute for notice. IEPs and PWNs serve related but different purposes, and having both is important.
In addition, if and when disagreements arise between the school and a family, PWN can be important for both sides as part of the dispute resolution process. It can serve as important documentation and establish what families and schools agreed upon. This can be especially important if, for example, schools are failing to honor a student’s IEP.
Parents and guardians have the right to notice, and they shouldn’t waive that requirement. Everyone benefits from having meetings and decisions documented, and it can also make later discussions easier because everyone has that earlier point of shared reference.
If you’re not receiving PWN or if PWN is incomplete, contact the Education Law Team at the LLF National Law Firm. For parents and guardians, notice isn’t just a document but a right.
PWN and Parental Permission in Georgia
Schools cannot simply evaluate a child for a potential disability or developmental delay. They must first seek permission from parents or guardians before proceeding. They also need parent or guardian permission before enrolling students in special education services.
PWN allows parents and guardians to give informed consent. They shouldn’t feel pressured into making a decision or simply agree with the school’s choice. By giving parents and guardians notice in a reasonable period of time, families can review the information and make a decision, including disagreeing with the school’s choice.
Consent is also not absolute. Parents and guardians have the right to revoke their consent for assessment or services at any point.
One caveat is that silence isn’t the same as refusal. If a school repeatedly tries to communicate with families without success, the school may go forward with evaluating a student or special education services. If parents don’t give permission or wish to revoke their permission, they must inform the school of that decision.
Protect Your Child’s Future
As the parent or guardian of a child with disabilities, you have the added pressure of not just helping them navigate school and growing up, but also their disability. You know that access to effective special education services and support can make a huge difference in your child’s life.
You have rights under both IDEA and Georgia law. You have the right to be an active participant in developing your child’s special education services, and you have the right to object to a school’s decisions.
You aren’t being difficult by exercising your rights to be an active advocate for your child. When disagreements arise, you have the right to challenge a school and seek a student-centered solution through dispute resolution.
The Education Law Team at the LLF National Law Firm is here to help you. We handle a range of special education issues for Georgia families, including protecting their right to adequate notice. Call us at 888-535-3686 or fill out an online form.