Prior Written Notice

Q & A 

1. What is it?  

Prior written notice (PWN) is a procedural safeguard required by both IDEA and Nebraska's Rule 51 that must be used whenever a child's identification, evaluation or educational placement is initiated or changed.  The notice must be provided to parents before the change happens.

2. Why is PWN required? 

Parents have the right to be clearly informed of any actions that are taken, prior to the action taking place. Likewise, PWN is a legal requirement.  Although the requirement for providing PWN has been in place for a long time, recent court cases and rulings shifted our approach to when PWN should be provided.  In order to protect parents and children alike, PWN needs to be provided before almost any action takes place.     

3. Where can I find the PWN form on SRS? 

A district can choose to turn on an option within SRS to have a PWN automatically generate on page 7 of the IEP.  There is also a stand-alone PWN form. 

4. Which SRS forms have all of the necessary components of PWN?

5. When is it needed? 

Legally, anytime we propose or refuse to initiate or change one of the following areas, PWN is required: 

6. Is a PWN required after a MDT?

Yes, PWN is required when a MDT determines a student does not qualify because the district is refusing to verify the student as a student with a disability in need of specialized instruction. PWN is also required when a MDT determines a student does qualify because the district is proposing to verify the student.  PWN is required after a re-evaluation when there is a change (e.g. student's eligibility category changes from DD to SLD, or the MDT adds Autism for a student previously identified SLI).  PWN is not required for re-evaluations if there is no change in eligibility.  

7. For initial situations do I need to do the PWN at the end of the MDT, at the end of the IEP AND the Notice and Consent for Initial Placement?

Yes, they are three separate parts of the process. 

8. What needs to be included? 

Click HERE for examples of what to consider for each of the required elements found within the SRS form. 

9. Can a a draft of the PWN be started prior to the meeting? 

No, the PWN can't be filled out prior to the meeting.  Because it serves as a summary of what was decided in the meeting, it must be completed during/after the meeting takes place. 

10. When and in what method should PWN be delivered? 

11. What impact does this have on scheduling?

It has become more important for IEP meetings to be held well before the old IEP services expire in the instance you need more time to complete the PWN after the IEP and are not able to provide it at the completion of the meeting. 

12. What impact does this have on IEP dates?

Click HERE for guidance around IEP effective dates.

13. What guidance is available?