Parents and guardians who have children with disabilities have rights under federal and South Carolina laws. This enables parents and guardians to be informed advocates for their children throughout the special education and early intervention processes.
Prior Written Notice plays an important role in establishing and protecting parents’ and guardians’ rights. These notices require schools and agencies to notify families of any proposed change to a child’s eligibility or special education services before making that change.
This information, in turn, allows parents and guardians to be better positioned to agree, disagree, and suggest alternative options for their child’s evaluations, accommodations, and services. At no point should families feel pressured to agree with a school’s decision.
If you live in South Carolina, the Education Law Team at the LLF National Law Firm can help you protect your rights and your children’s rights under federal and South Carolina law. Our team helps our clients with a range of special education and early intervention issues, including when schools infringe on parents’ and guardians’ rights. 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 Prior Written Notice (PWN) as one of the rights that parents and guardians have under its laws. These notices inform families of potential changes related to a child’s eligibility for services or services before schools and agencies make those changes.
PWN falls under IDEA’s procedural safeguards, which are IDEA’s term for rights. These procedural safeguards include notice, consent, and dispute resolution options. Schools must provide families with a copy of South Carolina’s procedural safeguards at least once a year.
Parents and guardians have a right to be involved in developing their children’s special education or early intervention services. PWN helps make sure families have the facts and details they require to be informed participants in the process.
When is Prior Written Notice Required in South Carolina?
Schools and agencies must provide families with PWN after making a decision about a child’s special education or early intervention services, but before implementing that change. South Carolina doesn’t provide a specific deadline for when schools and agencies must provide that notice.
PWN is required even in situations when parents and school staff agree on a change to a child’s accommodations. For example, a child is struggling in a general education classroom. The parents and IEP Team agree that the student would benefit from a move (or change in educational placement) to the district’s school that provides dedicated instruction to students with disabilities.
Although everyone agrees, school staff must still complete PWN. This is because, in addition to providing notice of a proposed change, PWN establishes a written record of decisions made related to a child’s special education or early intervention services. This can be useful not only in future meetings but also in the case of any potential disputes.
PWN serves multiple purposes, all of which can benefit children and increase the likelihood that they’re receiving effective accommodations and support. If a school is failing to provide you with PWN, contact the Education Law Team at the LLF National Law Firm.
When is Prior Written Notice Required for K-12 Students?
K-12 schools must provide families with written notice in a reasonable amount of time before they propose or refuse a change related to a student’s:
- Identification
- Evaluation or reevaluation
- Educational placement
- Any provision related to a Free Appropriate Public Education (FAPE)
- This usually means a change to a student’s individualized education program (IEP)
Put another way, PWN is generally required when a proposed change alters a child’s eligibility for services or the substance of the services they receive.
A child taking statewide assessments doesn’t require PWN because it’s not specific to the student and is part of the general education requirements. A change to a student’s accommodations for those tests, however, would require PWN.
When is Prior Written Notice Required for Early Intervention?
South Carolina states that PWN for EI is required when:
- Anytime a referral is closed
- Whenever and for whatever reason a child is no longer eligible for services (including aging out of EI services)
- Initial evaluations and any activities related to determining a child’s eligibility for services
- Any reevaluations
- Any activities related to developing, changing, or reviewing a child’s Individualized Family Service Plan (IFSP).
- Whenever a child starts, changes, or ends a service under IDEA’s Part C.
The state doesn’t provide a specific timeline for when notice must be provided, only that it must be in a reasonable period of time before implementing a change.
Consent and Prior Written Notice
Schools and agencies cannot simply choose to evaluate a child or put them into special education or early intervention services. They must first receive permission from parents and guardians.
PWN provides the information that parents and guardians require to give informed consent. Notice, when schools and agencies follow the requirements, they better position families to have the facts and details they require to give consent, refuse consent, or even revoke their consent.
Families can choose to give permission to some services but not others. They can, if they get additional information, revoke previously given consent, or agree after previously declining to consent to an assessment or service.
PWN makes it easier for parents and guardians to have more options than simply agreeing with a school or agency about a proposed change. If you feel a school or agency is pressuring you to make a change, contact the Education Law Team at the LLF National Law Firm.
What Does Prior Written Notice Have to Include in South Carolina?
PWN must not only include the proposed or rejected change but also the ‘why’ behind that change. Beyond that, the specific requirements depend on whether a notice falls under Part B (K-12 students) or Part C (babies and toddlers). IEPs fall under Part B notice requirements, and IFSPs under Part C.
Schools and agencies must send notice for every single proposed or refused change. That a school or agency has already sent a notice during the same calendar or school year doesn’t matter. Every proposed or rejected change, even when they appear on the same notice, must meet all requirements for PWN.
All notices, regardless of a child’s age, must be written in plain English. In other words, the general public must be able to understand them. Notices should never require a Master’s degree in education to understand.
When feasible, when parents or guardians have a different preferred or primary method of communication than written English, schools should provide PWN in that preferred method of communication. If another language, notices should be translated into that language.
In all cases, schools must have written documentation that shows that they met all PWN requirements, and they communicated that notice to parents. That parents or guardians require a different mode of communication doesn’t reduce a school’s legal obligation to provide PWN.
Prior Written Notice Requirements for K-12 Students
Schools must complete PWN for each proposed or refused action. All notices must include:
- A description of each action the school is proposing or refusing to take.
- Why the school is proposing or refusing that action.
- A list of every evaluation procedure, assessment, record, or report the school used when making its decision.
- Any other factors that were relevant to the school’s decision.
- Any other options the school considered and why it rejected those options.
- A reminder that families are protected under IDEA’s procedural safeguards.
- Either a copy of South Carolina’s procedural safeguards or information on how families can access a copy of the procedural safeguards.
- Whether schools must provide a copy depends on the specific circumstances of the notice.
- Contact information if parents or guardians have questions or want additional information related to the notice.
If a school is failing to provide notice or providing incomplete notice, contact the Education Law Team at the LLF National Law Firm.
Prior Written Notice Requirements for Early Intervention
Families whose children are in early intervention programs also have the right to receive PWN. While Part C notices have fewer requirements compared to K-12 PWN, these notices must include:
- Every action a provider proposes or refuses.
- The reasons the provider wants to take this action.
- A reminder of the family’s rights under South Carolina’s procedural safeguards
Protect Your Child
As the parent or guardian of a child with disabilities, you have rights to be informed, give consent, and dispute a school’s decisions. Prior Written Notice plays a key role in protecting and establishing those rights and aids your ability to be an informed participant.
From the initial evaluation to the annual revision, you have the right to be involved in the process. If a school is failing to provide notice or otherwise attempting to limit your involvement, contact the Education Law Team at the LLF National Law Firm.
Our team works with families throughout South Carolina on issues related to special education and early intervention. We focus on finding child-centric solutions that protect your child’s rights, including their rights to an education and the services they require to fully benefit from that education. Call us at 888-535-3686 or fill out an online form.