Special education services aren’t static. For a variety of reasons, the accommodations and support a student receives can shift.
These changes aren’t automatically good or bad. As students mature, an accommodation may no longer be effective for them. What services a school provides may change.
Schools cannot simply make these changes. Federal law requires that schools inform parents and guardians of any change in placement. Known as Prior Written Notice (PWN), it’s a small but important part of special education law.
PWN requires schools or other agencies to inform families of proposed changes to a student’s identification, evaluation, or educational placement. They must also send a letter if families have requested a change and the school or agency is denying that request.
Students, as well as their parents and guardians, have rights under federal and Texas special education laws. Knowing these rights can help ensure a student has access to all of the services and support they’re entitled to under state and federal law.
If you have a K-12 student receiving special education services, the Education Law Team at the LLF National Law Firm can help. We can help families under prior written notice and other special education laws and requirements. Call us at 888-535-3686 or fill out an online form.
IDEA and Prior Written Notice
For K-12 students, the Individuals with Disabilities Education Act (IDEA) is the foundation for special education rights. The law applies to public schools and covers children from birth until they graduate from high school. This is the case even when children are too young to attend school or don’t attend their assigned public school.
IDEA has a set list of qualifying disabilities. For children and students with a qualifying disability, the law establishes a student’s right to access special education. The United States gives all children the right to a free, appropriate K-12 public education, and laws such as IDEA extend that requirement to special education services for students with disabilities.
IDEA’s requirements begin with requiring schools and local authorities to identify children with potential disabilities and provide assessments at no cost to families. Schools and local governments must make this information about both evaluations and services available to the public. Even once a student has an Individualized Education Plan (IEP), schools must conduct annual meetings with parents and guardians.
Recognizing the unique position of children, IDEA also establishes rights for parents and guardians. For example, in addition to the annual IEP review meeting, parents and guardians can request meetings at any point during the school year. These meetings can be the forum to express any concerns related to a student’s IEP, from incomplete implementation to a need for new or revised accommodations.
Prior Written Notice (PWN) is one of the lesser-known requirements of IDEA. Two sections of IDEA, Part B and Part C, both have requirements for PWN.
PWN in Part B
IDEA’s Part B focuses on all children with disabilities. This section requires schools and other education agencies to give parents or guardians notice in a reasonable time before:
- Proposing a change to a child’s identification, evaluation, or educational placement
- Refusing a change to a child’s identification, evaluation, or educational placement
If necessary, schools must be able to provide evidence that the notices they sent provide all of the required information. Notices must include all of the following:
- A description of each action the school is proposing or refusing
- An explanation of why the school is taking this action.
- Any other options the IEP team considered and rejected, including why they were rejected.
- Any other relevant factors about the decision.
- Information about the evaluation procedures, assessments, records, or reports the school used to make its decision.
- Guidelines on the relevant procedural safeguards that families can pursue.
- For example, dispute resolution options.
- The notice should provide either information on these safeguards or how parents or guardians can request more information.
- Contact information for the relevant person who can provide assistance with understanding the notice or related information.
Schools have the burden of making sure parents or guardians can understand the notice. Notices must be written in a way that the average person can understand them. When feasible, notices should be in a parent or guardian’s native language.
The Education Law Team at the LLF National Law Firm can help families understand the PWN and their rights and options moving forward.
PWN in Part C
Part C in IDEA covers babies and toddlers. The section’s focus is on providing early intervention services. Part C notices have fewer requirements than notices sent under Part B, but have their own challenges.
One of the differences with services provided under Part C is that schools don’t always manage or run these programs. Other government departments or agencies may provide these services. This can make it difficult for families to know how to access services and petition for services throughout the process.
The Department of State Health Services (DSHS) provides a list of early intervention services. For example, families who have babies and toddlers with potential hearing loss will work with the Texas Early Hearing Detection and Intervention (TEHDI), which is part of DSHS.
The Texas Education Agency oversees Early Childhood Special Education (ECSE) for children between the ages of three and five who are not yet in kindergarten. Families can also access Early Childhood Texas to determine where to access services in their county.
What this means for PWN is that the notice will come from the school, department, or agency that provides the relevant early intervention services to a baby or toddler. That school or department must send a written notice to parents or guardians. Similar to older children, all notices must be sent in a reasonable time and before proposing or refusing a change to their child’s identification, evaluation, or placement.
Part C Notice Requirements
All Part C notices must include:
- What action the provider is proposing or refusing.
- Why the provider plans to take this action.
- Information on all procedural safeguards available to families under Part C, such as dispute resolution options.
- Schools or agencies are responsible for making sure parents or guardians can understand the notice.
- Notices must be written in a way that the general public can understand them.
- When possible, notices should be in the parent or guardian’s native language.
Schools and agencies must have written evidence that they met all of the requirements for PWN under Part C.
For parents and guardians with babies and toddlers who require early intervention services, navigating the process can be overwhelming. The Education Law Team at the LLF National Law Firm can help families chart a path forward.
Prior Written Notice in Texas
Texas largely follows IDEA’s requirements for PWN, but does have a few differences. Perhaps the biggest change might be that Texas discards the “reasonable time” requirement with a five-day deadline.
Students and families have five schooldays to respond to a notice. These five days don’t include the day the notice is given. If both sides agree, families and schools can agree on a shorter timeline.
Texas also includes two additional categories that require notice:
- Schools must send a notice when they plan to stop a special education accommodation or service because the parent, guardian, or adult student revoked their consent for services.
- The student graduates, which ends their eligibility for services and is considered a change in placement.
For any changes that will involve an evaluation, notices must include details on any proposed or planned evaluation procedures. Put another way, families must have sufficient information and descriptions of the procedures to be able to make an informed decision.
Texas highlights that the primary reason for notices is to make sure that students and families are fully informed. Schools and other agencies must provide enough information to allow families to understand their decision-making and the rationale behind their decisions.
Protect Your Child’s Education
Having access to effective accommodations is crucial for children with disabilities. For babies and toddlers, early intervention can lay the groundwork for the rest of their lives. For students, it can be the difference between success and failure in school.
Changes to a student’s accommodations can be good or bad for the student. When a school district notifies families of a proposed change or a denial of a requested change, it can be frustrating. PWN can, however, be useful.
These notices should allow parents and guardians to be involved in the process and have the information they need to determine their next step. They can and should be a resource for understanding their rights.
Requirements and deadlines, however, can potentially hurt students if parents aren’t aware of them. Notices that fail to meet legal requirements can disadvantage families and potentially harm a student’s access to accommodations.
The Education Law Team at the LLF National Law Firm works with families throughout Texas to guide them through the process. We help protect our clients’ rights and determine the best next steps.
The Education Law Team at the LLF National Law Firm helps families understand their options and rights when navigating special education laws. We focus on student-centered solutions. Call us at 888-535-3686 or fill out an online form.