As the parent or guardian of a child with a disability, you have the right to be informed. You also have the right to be an active participant in the special education process.
Prior Written Notice (PWN) is one of the ways to make sure that parents are kept in the loop and able to interact and give their input into their child’s special education process. This is more than simply given permission, although that’s required as well. PWN is about giving parents the details that allow them to both understand and object to a school’s decisions.
PWN can also be useful in the case of disagreements and the need for dispute resolution. While it may seem like a small part of the special education process, it can have an enormous impact on your child receiving special education services.
You and your child both have rights under both federal and Michigan laws. This includes the right to disagree. If a school is falling short in its responsibilities to your child, the Education Law Team at the LLF National Law Firm can help. We work with families throughout Michigan on a range of special education issues. Call us at 888-535-3686 or fill out an online form.
What is Prior Written Notice?
The Individuals with Disabilities Education Act (IDEA) establishes several rights for parents and guardians of children with disabilities. Formally referred to as procedural safeguards, the purpose of these rights is to enable parents and guardians to be active participants in the special education process and advocates for their children. These safeguards also protect parent and family rights and give them dispute resolution options when disagreements cannot be resolved through informal or other means.
Prior Written Notice (PWN) is a small but important part of IDEA’s procedural safeguards. It establishes when and how schools must communicate with parents and guardians about special education issues. Part B of IDEA explains PWN for K-12 students, and Part C covers babies, toddlers, and early intervention services. While the two are similar in what they require, Part B’s is more detailed.
The Michigan Department of Education emphasizes that one of the purposes of PWN is to help encourage meaningful participation by parents and guardians. PWN does this by keeping parents informed about not just decisions but the reasons behind schools’ decisions.
The state also highlights that PWN indirectly assumes parental involvement by having mechanisms in place for changes suggested by both schools and families. While the school has the final decision, PWN is designed in a way that facilitates parent and guardian involvement throughout the process.
A secondary benefit of PWN is that it helps document the creation and development of a student’s Individualized Education Program (IEP) or, in the case of early intervention, an Individualized Family Service Plan (IFSP). Having documentation helps increase transparency and accountability while also hopefully minimizing disagreements or misunderstandings by ensuring everyone has access to the same written record.
When Michigan Requires Prior Written Notice
Michigan uses federal guidelines for when schools must send families notice. PWN is required when:
- A school proposes a change in a student’s identification, evaluation, educational placement, or provision related to a free appropriate public education (FAPE).
- A school refuses a suggested change in a student’s identification, evaluation, educational placement, or a FAPE provision.
Evaluation refers to both initial assessments to determine if a child has an eligible disability and re-evaluations. This includes requests from parents or guardians to assess a child for a potential disability, developmental delay, or learning disability.
Identification refers to a child having a disability that makes them eligible for special education services. This can be for both the initial referral and subsequent alterations. Under IDEA, a child must have an eligible disability to qualify for services.
Educational placement refers to where a student attends school and receives special education support. IDEA requires that students be placed in the least restrictive environment (LRE). Placement refers to students moving schools, no longer being eligible (e.g., graduating from high school), or moving into specialized programs or classrooms.
Placement can also refer to changes due to disciplinary issues. Schools must send PWN for disciplinary changes of placement longer than ten consecutive days or for more than ten cumulative days in a single school year for a pattern of behavior.
FAPE Provisions
FAPE Provisions is a term that refers to the details and specific special education services that a student receives. For example, a student with a learning disability has one-on-one sessions to assist them with reading.
PWN is required whenever there is a change to a student’s IEP and the services they receive. This includes not just the content of those services but the quantity. In addition, when students are no longer eligible for services, schools must send a notice to families informing them of the proposed end of services.
What Should Prior Written Notice Include in Michigan
It’s not enough for schools to simply give notice that they have made a decision. IDEA requires that schools provide a why for each decision.
Requiring more information serves several goals. One, it keeps parents and guardians better informed and better positioned to make decisions and give permission regarding their child’s special education services. Two, having a written document that provides explanations and sources can reduce disagreements. Three, it creates a paper trail that can help reduce questions or confusion later on.
- Each action proposed or refused by the school
- Why the school proposes or refuses each action
- A description of every evaluation procedure, assessment, record, or report the school used when making its decision
- Any other relevant factors that influenced the school’s decision
- What other options did the school consider and why did the school reject them
- Either a copy of the procedural safeguards or how families can request or access a copy of the procedural safeguards
- Procedural safeguards don’t have to be sent with every notice. They generally have to be sent annually, for initial evaluations, and a handful of other situations.
- Contact information if parents or guardians want additional information or need help understanding the school’s decision
While PWN can include multiple decisions, a school must provide a full explanation for each decision.
Objective, Understandable Language
The Michigan Department of Education highlights that notices should be written objectively and with the goal of explaining their rationale for making decisions. Notices should focus on the individual student and that student’s specific needs. When possible, all decisions should be backed up with data or other evidence.
All notices must be written in clear language. Notices should be understandable to the average person, meaning someone doesn’t need a degree or experience in education to understand the notice. In addition, when possible, notices should be in a parent or guardian’s preferred language or mode of communication.
Michigan provides examples of how schools can achieve these goals. For example, parents request that their child be enrolled in an alternative math curriculum. The school rejects the request, pointing out that the student scored an 88 percent during an end-of-unit math assessment.
On the other hand, a school proposes that a student begin attending counseling sessions. The student has had several behavioral and emotional issues, the majority of which teachers have documented in writing. In addition, the student has only met 50 percent of their social-emotional goals.
These notices both rely on data and focus on objective, rather than subjective, explanations. Data and other evidence give decisions a strong foundation. If schools are failing to provide those explanations or are using subjective decisions, contact the Education Law Team at the LLF National Law Firm.
Prior Written Notice and Parental Permission
Schools must generally receive permission from parents and guardians to access a child or enroll them in special education services. PWN is important for consent as far as providing parents and guardians with the needed information for making their decisions.
Families should never feel pressured into making a decision. Parents and guardians have the right to deny their permission and also to revoke consent.
If you’re feeling forced or pressured to agree with a school’s decision, contact the Education Law Team at the LLF National Law Firm.
Protect Your Rights
Prior Written Notice is an important piece of documentation for families and schools. When properly used, it can help streamline the special education development process and reduce confusion. It can be useful in resolving disagreements and making sure that everyone is on the same page.
As a parent or guardian of a child with disabilities, you have the right to be an active advocate for your child. That can be difficult to do if you aren’t informed or lack the needed data or explanations.
If your child has a disability and attends K-12 school or receives early intervention services in Michigan, the Education Law Team at the LLF National Law Firm can help. We work with families throughout Michigan to resolve special education disputes and focus on finding child-centered decisions. We know the importance of special education in shaping a child’s development and future. Call us at 888-535-3686 or fill out an online form.