{ABCs of IEPs} N is for Notice~Prior Written Notice

Ok, so N is for Notice, Prior Written Notice. Because this is a really important topic that I felt I needed to bring in front of more parents’ eyes…and I also wanted to save P for Progress Monitoring. Which is important too. So N gets to be Prior Written Notice and you’ll just have to excuse the grammar or whatever of it all. Because PWN is an extremely useful tool when parents know about it and use it. But not enough parents know about PWN and how they can use it.

First, let me back up a bit. I’ve written several times about what I feel is the most important part of the IEP-and I think it’s Present Levels. Present Levels is what drives the IEP, so it should be extremely thorough and accurate as far as describing your child. Also, the Parental Concerns portion of the IEP is in present levels. This is why I recommend that you get an IEP organizer so that you can track data all year long, and then provide a thorough Parental Concerns letter. The district has to at least address every one of your concerns. It doesn’t mean that they have to do everything ask–but they have to at least consider it. And, if they say no, they have to tell you, in writing, why.

“But they don’t do that!? They don’t do all my parent concerns!” is what I often hear. Enter, the PWN.

 

What is PWN/Prior Written Notice?

Don’t be deceived by the word prior. Parents often mistakenly think that this means prior to the IEP meeting. It doesn’t; it means prior to a change.

Under IDEA, parents have the right to receive prior written notice from the school each time that the school proposes to take (or refuses to take) certain actions with respect to your child. Specifically, the school must provide parents with prior written notice each time that it:

• proposes to initiate or change the identification, evaluation, or educational placement of your child
• proposes to initiate or change the provision of FAPE to your child (their free and appropriate education)
• refuses to initiate or change the identification, evaluation, or educational placement of your child
• refuses to initiate or change the provision of FAPE to your child

I bolded those last two because those are the two that I find I am quoting to parents most often. So, if as part of your parental concerns that you wished to discuss at the IEP meeting….you asked for a different placement, more evaluations, a different check box under categories…it doesn’t matter…if they refuse, they have to give you written notice as to why.

Go re-read that bit under the graphic, and I’ll wait here.

Now, are the lightbulbs going off? Are you having that “a-ha!” moment, if you didn’t know what PWN is?

How many times have you heard phrases like these, at IEP meetings, when you’ve suggested something?

• I don’t think he/she needs that.
• Why don’t we ‘wait and see’ and talk about it in a few months?
• I have to discuss this with {someone with more authority} and then I’ll get back to you. (and they don’t)
• “why don’t we table that until next fall/summer/the end of days?”

PWN can end all of that for you. Next time you get a “no” in any form, just an email with “Ok, I understand, please send that to me on a Prior Written Notice form, thanks.” If they don’t/won’t, call your State’s or US Dept of Ed and ask about compliance complaints for not following IDEA. Or file a Civil Rights complaint for violation of FAPE.

Here is PA, we call it a NOREP (and for a while, I did not realize that NOREP is a PA thing). But Pennsylvanians, ALL of what you considered should be on the NOREP, even the items they said no to. If they are not on there, disagree and write directly on the NOREP your concerns–that certain discussed items are not on the NOREP per PWN.

PWN is HUGE when used properly, and not enough people use it. Huge, life changing. You either get what you ask for….or you get the written documentation that you asked for it, were denied, and the reasons that the district denied it. Huge! You have documentation for going further and if you end up in Due Process or asking for comp ed. As is stated on the Wrightslaw website, saying no is easy! Coming up with reasons as to why they said no, and then documenting it…that makes it harder for them to say no to what your child needs.

Other resources and articles on PWN

Some are intended for school district use, but you can see that districts are being informed about PWN and how to use it. Just for your purposes, you can see what schools are expected to do.

• How to request PWN including a template letter
• Wrightslaw has written many helpful articles about PWN.
• Wrightslaw-template for writing a PWN letter yourself when school refuses to give you one.
• List of PWN templates for various situations
• examples of Prior Notice Statements
• guidance for using PWN in Sp Ed process booklet
• IDEA part B PWN form

 

There! That should be enough to get you going, right? When you have a good parent concerns letter and you follow up with PWN…it really is a game changer for families. Please note that some specifics such as a type of form, or what can be considered part of PWN may vary from state to state. Feel free to join our Facebook group and ask specifics if you need to.

 

Good luck and as always, if you have additional resources, please list them in the comments!