One of the lesser-appreciated but crucial parts of disability rights in education is parental involvement. For a variety of reasons, the majority of students and children covered under K-12 and early intervention special education services are not in a position to advocate for themselves. To that end, parents and guardians play an important role in protecting their students’ rights and ensuring they receive the support they require.

To be able to fully participate in this process, parents and guardians need to be informed. Prior Written Notice (PWN) is a series of laws that set baseline requirements to ensure parents and guardians have the information they need to be involved and make decisions.

In addition to federal laws, New Jersey has established several state-level laws about communicating with families who have a child with a disability. While the relevant federal laws were last revised in 2005, New Jersey continually revises and updates its laws.

The Education Law Team at the LLF National Law Firm stays current on laws and requirements in special education to make sure our clients are getting the services and support they’re entitled to by law. These rights extend to parents and making sure they’re informed.

If your child has a disability and you aren’t getting the notices and information schools are required to provide, contact the Education Law Team at the LLF National Law Firm. We assist families throughout New Jersey. Call us at 888-535-3686 or fill out an online form.

IDEA and Prior Written Notice

The Individuals with Disabilities Education Act (IDEA) establishes requirements for special education services for babies, toddlers, and K-12 students with qualifying disabilities. The law establishes the right to an Individualized Education Plan (IEP) and requires schools to provide services to all eligible students within their boundaries.

Prior Written Notice (PWN) is one of the lesser-known parts of IDEA. PWN establishes baseline requirements for schools to communicate with parents and guardians of children with disabilities.

Two sections of IDEA cover the requirements for PWN. Part B covers K-12 students while Part C focuses on earlier intervention.

Schools and other organizations that provide support, such as early intervention services, must contact families:

  • Before changing a child’s identification, evaluation, or educational placement
  • Refusing to change a child’s identification, evaluation, or educational placement

All notices must be written in language that the average person would understand. Both Parts B and C have requirements for notice, including explaining why a school or provider is taking the planned action.

Prior Written Notice in New Jersey

In addition to the requirements listed in IDEA, New Jersey has additional requirements for prior written notice (PWN), including deadlines for notification. The state also has requirements for specific types of notification.

A school must provide families with PWN within 15 calendar days of making a decision or implementing a proposed action. The goal is to make sure parents have adequate time to consider the school’s decision. In situations when families receive PWN regarding a proposed action, the action may begin sooner if the student’s parent or guardian agrees in writing.

One exception to the fifteen-day requirement is when a change of placement relates to disciplinary action. Schools can provide notice in less than fifteen calendar days when a student’s IEP team and other appropriate staff members determine that disciplinary action requires immediate implementation. The notice must explain why it falls under the state’s exception for informing parents and guardians and satisfy all other requirements.

Schools have twenty calendar days to respond to written parental requests for requesting or changing a student’s placement or other special education provisions. The twenty-day deadline doesn’t count school holidays, although schools must still meet the response requirement during summer vacation.

If a school needs to conduct a meeting in response to a parental request, the meeting must be conducted, and a decision must be made within twenty calendar days. Schools must provide families with written notice of the meeting’s outcome within fifteen calendar days.

New Jersey’s Requirements for Annual IEP Meetings

In 2025, New Jersey implemented new requirements for the annual IEP meeting. The new requirements include how schools communicate with families.

At least two business days before any annual IEP meeting, schools must now send, via regular mail, written information to families. While schools can also email this information in addition to regular mail, a hard copy is a legal requirement.

These notices must include:

  • A list or overview of what will be discussed during the IEP review meeting
  • Their student’s current level of academic and functional performance
  • If necessary, the names of any required IEP team members who the school is asking to be excused from the meeting.
    • For example, a student’s regular teacher may be excused to prevent a disruption to the school day for other students.
  • For each excused staff member, the notice must include that staff member’s thoughts and comments on the programs and services for which they’re responsible.
  • Encouraging the parent or guardian to provide feedback on any proposed programs and services listed in a student’s IEP

The goal of these new requirements is to increase and improve parent participation. For example, regarding excused staff members, these new requirements don’t replace the need for any required federal or state laws for excusal consent forms.

These changes apply solely to annual IEP meetings. The law doesn’t override any existing laws or notification requirements.

Schools may not always be on top of changes to notification, even if required by law. If you believe your child’s school is failing to meet its legal obligations, contact the Education Law Team at the LLF National Law Firm.

Early Intervention in New Jersey

In the Garden State, the New Jersey Early Intervention System (NJEIS) oversees programs for birth to age three. For notification, parents must receive notice at least ten calendar days before proposing, refusing, or changing a child’s identification, evaluation, or placement.

New Jersey provides the following, non-exclusive list for when parents and guardians may receive this notice:

  • If their child is eligible or still eligible for early intervention services
  • If their child isn’t eligible for early intervention services
  • If a family information meeting is needed in relation to an Individualized Family Service Plan (IFSP)
  • Ahead of meetings to develop the initial IFSP
  • Ahead of an annual review of an IFSP
  • Ahead of a meeting to discuss revisions to an IFSP
  • Following any denials by NJEIS of any requested service changes
  • Before a transition planning conference
  • If NJEIS is discontinuing services for a child because they no longer meet the eligibility requirements
    • Note: Services end ten days after the date of the notice unless parents or guardians file for dispute resolution, or the IFSP team agrees on a later deadline.

This isn’t an exhaustive list. All notices must include an explanation for each and every proposed action.

One reason for this notice is that parents and guardians must give consent before a child receives any services or support. Parents and guardians can withdraw their consent at any time. PWN helps give parents and guardians the information they need to make an informed choice. At no point should parents or guardians feel pressured to consent to or decline services.

Families also don’t have to accept or reject all proposed services. They can choose which services they consent to and reject others.  

Unlike K-12 special education services, families may not receive services for free. A family’s co-pay depends on the household income and size. While not required on a PWN, families should be informed about how much a service will cost them. Organizations and programs should not hesitate to provide general guides on payment. Resources on payment and the sliding scale system should be readily available to families.

If you believe that you’re being unfairly charged for services, contact the Education Law Team at the LLF National Law Firm.

Procedural Safeguard Notification

Both federal law and New Jersey law require that schools provide parents and guardians with a copy of the U.S. Department of Education’s procedural safeguards. Schools only have to provide this information to families once a year, with some exceptions.

Both federal and state law list situations when schools must provide this information to families beyond the once-a-year requirement. New Jersey has a more expansive list, which includes:

  • When a child is referred for an initial evaluation
  • When a parent or guardian requests the information
  • When a family submits a request for a due process hearing to the Department of Education
  • When someone submits a request for a complaint investigation to the Department of Education
  • After a student is removed from their normal placement for disciplinary reasons, and the removal would be considered a change in placement

Protect Your Child’s Education

As a parent of a child with disabilities, you make the final decision on approving the service and support your child receives. If you’re not receiving proper notice, however, you’re limited in being able to make those choices.

Prior Written Notice plays a small but important role in special education. Its requirements help parents and guardians advocate for their children and be active participants in the process. New Jersey has gone beyond federal law to further encourage parental involvement in the process.

When a school isn’t meeting its requirements for notice, families have a variety of ways to address the issue. The Education Law Team at the LLF National Law Firm can help you understand your options and weigh the pros and cons of each.

If you live in New Jersey and have concerns about notice, dispute resolution, or other special education issues, the Education Law Team at the LLF National Law Firm can help. Call us at 888-535-3686 or fill out an online form.

New Jersey Special Education Lawyers

Tell About Your Case

How Do Special Education Rights Vary at Charter Schools vs. Public Schools?

Parents choose charter schools largely because they offer an individualized curriculum that traditional public schools cannot. However, charter schools often lack the special education resources required for them to fulfill their goal. Regardless, charter schools are held to the exact same federal special education standards as traditional public schools. The […]

Understanding Illinois’ Exhaustion of Interventions Mandate

Facing disciplinary action at school can be incredibly stressful for students and their families. When a school threatens long-term suspension or expulsion, academic futures hang in the balance. In Illinois, however, thanks to a landmark law, the state’s priority is keeping students in the classroom. Illinois’ “Exhaustion of Interventions” mandate […]

When Academic Discipline Turns Into Litigation

A recent Idaho case shows how academic disputes can escalate when fairness is in question, particularly where allegations of racial discrimination are raised under federal civil rights law. According to the Idaho Capital Sun, a jury awarded $160,000 to a doctoral pharmacy student who alleged racial discrimination after being removed from […]

When the SRO (School Resource Officer) is Involved: Why “Educational Discipline” Just Became “Legal Defense”

In the name of student safety, schools are installing School Resource Officers (SROs) on campus. But SROs’ involvement in campus problems also means that incidents at school can now turn directly into criminal investigations. What parents need to know is this: If your child faces discipline because of an incident […]