Children with disabilities have a right to special education and early intervention services. Their parents and guardians have a right to be active participants in the assessment process and in developing the services and support their child receives.
Prior Written Notice plays an important role in enabling parents and guardians to be involved in the process. This often underappreciated right helps make sure that parents and guardians have the information they need to give their consent and approve any possible changes to their child’s services.
The Education Law Team at the LLF National Law Firm works with families throughout Oregon on special education and early intervention issues. We help our clients reach child-focused resolutions.
You have a right to be informed and participate in evaluations, meetings, and decisions related to your child. If a school or agency is infringing on those rights, contact us at 888-535-3686 or fill out an online form.
What is Prior Written Notice?
Prior Written Notice (PWN) is a written document that schools or agencies must send to families after making a decision but before implementing any change related to a child’s special education or early intervention services. Put another way, it’s a heads-up to parents and guardians that the school is either making or refusing to make a change.
The Individuals with Disabilities Education Act (IDEA), one of the central laws protecting children with disabilities, establishes the rights and requirements related to PWN. Notice falls under the law’s procedural safeguards, which are the term for rights established by IDEA and covers both children and parents.
PWN kicks in as soon as a child is referred for evaluation for a potential disability. Parents and guardians will be informed of the potential assessment and have the right to consent to or refuse the evaluation.
This is the case throughout special education and early intervention services. Parents have the right to give their permission, deny their permission, or revoke their permission related to evaluation and special education services. This includes consenting to some services but not others.
PWN is important for consent because it gives parents and guardians the facts they need to make an informed decision. PWN requires that schools and agencies not only inform families of their decision but also explain why that decision was made. By having this information, parents and guardians are better able to decide what is (or is not) the best course of action for their child.
The Oregon Department of Education makes its PWN guide for school district staff available online. Parents and guardians can review it to better understand what school staff members are being told and how they’re approaching issues. Access to these types of documents highlights that, while schools have an obligation to protect student records and privacy under FERPA, when working with families, transparency and open communication should be key.
At no point should parents or guardians feel that a school is withholding information about their student related to special education services and evaluations. If parents or guardians suspect that a school is failing to keep them informed, contact the Education Law Team at the LLF National Law Firm.
When Should I Receive Prior Written Notice?
Schools and agencies must send notice before a school or service provider proposes a change or refuses a suggested change that relates to a child’s identification, evaluation, or placement, as well as any provision for their special education or early intervention services. Essentially, any change that would alter the substance of a child’s special education or early intervention services will generally require PWN.
IDEA requires only that PWN be provided in a reasonable time before a school or agency implements a decision. The Oregon DoE provides additional guidance, although without hard-and-fast deadlines. In other words, that a school or agency doesn’t meet a recommended timeframe doesn’t mean they’re breaking any laws.
For example, while not mandatory, the Oregon DoE recommends that, after a parent or student requests a change that the school or agency denies, the school or agency should try to have an answer within 15 school days.
In situations when families and school staff meet and come to a decision, the Oregon DoE recommends that school staff aim to have notice completed at the end of the meeting. This allows them to give a copy to parents or guardians before they leave.
In this situation, parents and guardians should be more focused on having a completed and detailed PWN rather than an arbitrary timeline. In addition to providing parents and guardians with notice, PWN also acts as a record of decisions for a student’s special education or early intervention services. Schools and families benefit when they can easily review why a decision was previously made.
In addition, when there is a disagreement related to a child’s Individual Education Program (IEP), Individualized Family Service Plan (IFSP), or other special education provision, PWN can sometimes be beneficial when reaching a resolution. By having a record of why decisions were made, as well as why certain decisions were not made, the decision-making process can be smoother and more efficient.
What Does Prior Written Notice Require?
The requirements for PWN are mandatory. Even if everyone agrees about a proposed course of action, families still have the right to a completed notice. Schools and agencies cannot decline to provide this information.
Ideally, PWN should not only inform a family of a school’s decision. It should also help them understand the reasons behind that decision. At no point should parents or guardians feel that a school or agency is withholding information from them.
All notices should be written in plain English, meaning that the average person can understand them. When possible, notices should be in the parents’ or guardians’ native or primary language or their primary mode of communication. If parents or guardians primarily communicate in a method other than writing, the school or agency is responsible for having written evidence that staff met both notice and language requirements.
Part B of IDEA establishes the requirements for PWN for K-12 students. Part C covers babies, toddlers, and early intervention services. Part B has more requirements for PWN compared to Part C. Students who have an IEP fall under Part B, and children who have an IFSP will generally fall under Part C.
Prior Written Notice Requirements for K-12 Students
PWN should explain a decision as well as how and why the school made that decision. If parents or guardians still have questions after reviewing a notice, they should contact the relevant school staff member and ask for additional information or explanations.
In situations when PWN includes more than one action, the notice should include the full explanation for each action. A school fully completing a PWN for a single action only doesn’t satisfy the legal requirements for notice.
All PWN for K-12 students must include:
- Each action the school is proposing or refusing
- Why the school is proposing or refusing each action
- A description of every evaluation procedure, assessment, record, or report the school used when making its decision
- All other options the school considered and why they rejected each alternative
- Any other factors that influenced the decision-making process
Either a copy of Oregon’s procedural safeguards or directions on where families can access a copy of the safeguards
- Whether families receive a copy depends on the specific circumstances
- Whom parents or guardians can contact for more information or to answer questions
- For notices that are proposing either an initial evaluation or a re-evaluation, schools must describe all of the evaluation procedures the school plans to conduct
If a school is failing to meet its obligations with PWN, contact the Education Law Team at the LLF National Law Firm.
Prior Written Notice Requirements for Early Intervention Services
Compared to the requirements for notices for K-12 students, early intervention notices have fewer conditions for information. Notices must list the action an agency is either proposing to take or rejecting. It must also include why the agency or service provider is taking this action.
Protect Your Child
Prior Written Notice isn’t a luxury. For parents and guardians of children with disabilities, it’s a right. These notices provide key information that allows parents and guardians to be informed advocates for their child and active participants in the special education process.
Parents and guardians don’t have to simply rubber-stamp a school’s decisions. They have the right to ask questions, dispute decisions, and recommend alternative options. They have the right to give their consent to assessments or services or decline to give their permission.
You are not being difficult because you want your child to have access to comprehensive evaluations and effective services. You know that access to these supports can make an enormous difference in your child’s education and life.
If you live in Oregon and are dealing with issues related to special education or early intervention services, the Education Law Team at the LLF National Law Firm can help. We help protect our clients’ rights, from receiving Prior Written Notice to navigating the dispute resolution process. Call us at 888-535-3686 or fill out an online form.