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?”
“I don’t get it…I did everything you said, the school still said no.”
Sound familiar? Despite your best efforts and taking recommendations from other parents or advocates, you’re still being told no. What if I told you that there is an tool built into the IEP process than can help you with this?
Enter, the PWN. Prior Written Notice.
It’s going to happen, sooner or later you will be at an impasse in the IEP process.
Here’s the thing, the good guys don’t always win. Justice doesn’t always prevail. Life isn’t always fair. (I’m such a ray of sunshine today, no?)
I’ve always said, the IEP is not one document or one meeting, it’s a process. All that an advocate does for you is help you better understand how to navigate the process. Good special education advocates teach parents how to translate your concerns into language that the district is more likely to respond to and ultimately achieve getting what your child needs.
Still, at every step in the process, you have a decision to make.
- “They still won’t put my parental concerns in full in the IEP.”
- “They still won’t agree to a 1:1.”
- “They still said no to ESY.”
You submitted your data, you have your ducks in a row, they still said no.
Yes, it happens and will happen. That’s just how it is. I don’t know why and I don’t ask why. I don’t feel that pondering the why of the situation helps me reach the ultimate goal of having the child’s needs met, so I don’t waste time on it.
The special education system is not fair. Not only is it not fair, I’d argue that the IEP process is stacked against parents.
But, it is what it is. This is the system. The best we can do is become the best we can at it, and work to change the system.
However, there is one tool in place to use. It is the most effective and most underused (by parents) tool in the IEP process. Say hello to your new BFF, the PWN.
What is PWN/Prior Written Notice?
The word prior can be confusing. 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, or 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 light bulbs going off? Are you having that “a-ha!” moment, if you didn’t know what PWN is before now?
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. Parents, 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/PWN your concerns–that certain discussed items are not on the NOREP/PWN.
PWN is HUGE when used properly, and not enough parents 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.
You have documentation for going further and if you end up in Due Process or asking for comp ed. It says 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.” I couldn’t agree more.
Resources and articles on PWN, Prior Written Notice.
Some of these resources are for school district use. However, I find it help to know what districts are being told about PWN.
- 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.
2018 update: This post (and the Facebook group) are now 3+ years old. What I am seeing now is that as more parents get educated and savvy in their IEP game, IEP team members change their game too. As more parents are learning how to use PWN, I am finding that schools are now either refusing to give one, or they are giving parents a PWN that is incomplete or incorrect. This is why your data trail is soooo important.
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Miranda says
When I first saw your website, I was excited to explore all your resources as I am parent of two children that are on IEPs. But after reading several articles, I have been extremely disappointed with the negativity toward special education teachers and service providers. It feels like the mentality behind this website is parents against teachers. I am also a special education teacher and my goal is that teachers and parents work together to determine what is in the best interest of the child. Your statement above “The special education system is not fair. Not only is it not fair, I’d argue that the IEP process is stacked against parents.” I couldn’t disagree more! I would like to remind parents that a teacher goes into special education for the pure intention of helping students that struggle; despite the huge caseloads (20+), enormous amounts of paperwork that keeps increasing because of lawsuits, 50 – 60 hour work weeks… Please give your child’s special educator the benefit of the doubt and work with them to equal the playing field for your child.
Latrisha Blakey says
I see how you can feel that way about this website, but I also see how Lisa is putting the truth out there. Some schools and states do not work with the parents and they jump the gun and suspend kids, refer them to the juvenile office, call CPS or much worse. I personally went through this with my son, the school would not do an Educational Evaluation, even tho he already had an IEP for Speech Services, he would refuse to work and he became frustrated because they refused him FAPE. He became violent towards his teachers and peers, he also was misunderstood by teachers and peers, he needed taught coping skills and social skills but they refused that also. So for four long years my sons self-esteem went in the gudder. A lot of frustration has built up and it’s hard to trust the schools and the system. He is now 12 and is in a social development room, has a Learning Disability in Basic Reading, Written Expression and Math. Just as I had thought.
Lisa says
You couldn’t be more wrong in your assessment of me. I have tempered more parents and talked more parents down off the ledge so to speak, than I can count. The system is absolutely stacked against parents, that’s just the truth. If you spent even 15 minutes in our fb group, you’d see that I am extremely collaborative and balanced. As an advocate, sure, I only hear the negative stories. No one ever calls me to tell me that they just love their IEP. Just this week, I believe I removed 2 or 3 people from the group because they were too negative, were constantly in “the school is just out to get me” mode and wouldn’t listen to solutions being given to them by group members. I have learned that you cannot be a special education advocate without being a public education advocate, which I am. I encourage you to poke around the site and not just read one sentence in a silo. I am constantly lobbying and advocating for teachers and for public school funding. I can only imagine what it’s like to go into student debt because you want to help children with disabilities, only to find that you are not given the resources to do your job.
https://adayinourshoes.com/ways-the-special-education-system-really-is-stacked-against-parents/
Lisa says
Anyone who would even spend 1 day in the fb group would attest to the fact that I am balanced and love teachers. Many, many times I hear from parents “Hey! I thought you were a parent advocate!” because they’ve been given advice that they don’t want to hear, which more often than not leans toward siding with the school. The system is a contentious one, that’s for sure. School staff goes to training and workshops to learn the IEP process, so I’ll do my damndest to see that parents receive the same information.
Lisa says
I forgot to mention in my previous comment, and it really is a point of pride for me.
I was asked by my county to participate in a process–the county is trying to develop a program or process that parents and/or districts could utilize before moving to DP. I was asked to be a part of the development process, to help the team build this option. It’s designed to offer both parents and districts an alternative to DP, to save time, money. I am the only parent advocate who was asked to help, and I think that says a lot. At the county level, I am recognized for being collaborative and a problem solver.
april guyer says
What would you do if the school district planned to change your child’s placement to a self contained room with students who were 10 years older. 1st grader with Autism in Self Contained Class of High school seniors. Reason ( The only teacher who is SPED K12 certified teaches the class. It is “Non catagorical”. I cannot believe it.
Nic says
My school (Texas) is stating they can summarize pwn vs providing pwn for each item dicussed individually… I don’t think that’s right… if we discussed 10 things (evaluations, iep goals, accommodations etc) there should be 10 unique pwn correct?
Lisa says
No, one PWN form.
Nic says
The pwn doesn’t mention anything specific we discussed, the summary states 2 of the 10 things discussed and is super vague and generalized. I asked them to complete the pwn as I felt it was incomplete.. day 5 is tomorrow and I haven’t heard a peep from them. They also said they would add my parental concerns letter since I learned from your website and wrightslaw it should be included (and this was after argument) this whole thing is just so frustrating… I’m to the point I’m ready to homeschool
Lisa Duisman says
The experience a family has with special education depends quite a bit on the individual teacher, psychologist, principal, etc. involved. If you are a special ed teacher who takes a private evaluation and reads it and understands it and applies the recommendations and grants the accommodations in it, your families will love you. If, however you are given a report and refuse to read it, or cannot comprehend it and document in the IEP that the report says the opposite of what it really says, refuse to grant any accommodations, and say the recommendations aren’t needed, you will sow the seeds of negativity. When a parent has to talk to the director of special education to get accommodations added to an IEP that is a serious failure on the part of the special ed teacher. When the teacher will not implement the accommodations in the IEP, even something as simple as a visual schedule, that is a special ed teacher problem. The “system” has stood by while my son’s teacher has flaunted the law and refused to schedule requested IEP meetings. My negative scenario is a real life situation I am living through. My other son’s IEP with other staff was relatively painless which makes my current experience all the more shocking.