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?
Notice and Consent for Initial Evaluation (IEP)
Notice and Consent for Initial Placement (IEP)
Notice and Consent for Reevaluation
Revocation of Consent for Special Education and Related Services
Prior Written Notice
Determination Notice
*If the PWN that generates with the IEP is used, that also contains all of the necessary components.
5. When is it needed?
Legally, anytime we propose or refuse to initiate or change one of the following areas, PWN is required:
identification
evaluation
educational placement
provision of FAPE
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?
Delivery of PWN is required every time the IEP team proposes or refuses to take action. Delivery to the parent must occur prior to the action taking place. In order to meet this requirement, PWN must be completed and delivered as soon as possible after the decision is made. It is best practice to have someone type during the meeting, print the PWN and hand the parents a copy at the conclusion of the meeting.
If more time is needed, the team should note on the services page that services will not start until after the PWN is delivered.
The SRS form can't be finalized until a date of delivery (this should be the same date as the date of the notice) has been entered.
When there are minor changes to the IEP and everyone is in agreement, PWN should be given at the conclusion of the meeting and services could be initiated the next day.
When there are significant changes to the IEP or when not everyone is in agreement, PWN should be given at the conclusion of the meeting and the team should agree on when services will begin.
Best practice is to ask the team (specifically the parents) when they are comfortable with services starting.
When the IEP meeting is over, changes cannot be made. The PWN serves as a summary of what was agreed upon.
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?