The Local Education Agency (LEA) must provide prior written notice to the parent before it:
- Proposes or refuses to initiate or change the identification of the child
- Proposes or refuses to initiate or change the evaluation of the child
- Proposes or refuses to initiate or change the educational placement of the child
- Proposes or refuses to initiate or change the provision of a free appropriate public education to the child
- Ceases the provision of special education and related services due to the parent’s revocation of Consent for Services.
The LEA must provide prior written notice regardless of whether the parent agreed to the change or requested the change.
IDEA states that written notice must be given to a parent:
- A reasonable time before the public agency
- Proposes to imitate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child
or
- Refuses to initiate or change the identification, evaluation or educational placement of the child or the provision of FAPE to the child.
Texas Education Agency reminds us that PWN is required:
Before the district proposes or refuses to initiate or change the identification, evaluation or educational placement of the child or the provision of FAPE to the child. PWN is required after the district makes a decision. PWN is not the same as Notice of ARD.
Best Practice for Prior Written Notice
Prior Written Notice Must Include:
- A description of the action proposed or refused by the district
- An explanation of why the district proposes or refuses to take action
- A description of each evaluation procedure, assessment, record or report the district used as a basis for the proposed or refused action
- A statement that the parents of a child with a disability have protection under the procedural safeguards and if the notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained.
- Sources for parents to contact to obtain assistance in understanding the provisions of this part
- A description of other options that the IEP team considered and the reasons why those options were rejected
- A description of other factors that are relevant to the district proposal or refusal
PWN is required by federal and state law at certain time.
Underlying purpose is to ensure fairness in communication to parent of what school is doing regarding a child’s special education program.
Communication is key.
Prior Written Notice is give before a decision is acted upon.
Before the ARD, notice of the ARD meeting is required under the federal regulations, but PWN of the ARD committee’s decisions is not given until after the ARD takes place.
The new Texas Commissioner’s Rules make clear that PWN doesn’t have to be given prior to the ARD.
Failure to provide PWN can constitute a substantive (rather than procedural violation of IDEA, if it results in a denial of FAPE. This can result in school district liability if challenged.
Best practice is to always provide a copy of the Notice of Procedural Safeguard to the parent.
Best practice, if in doubt, provide a PWN