Prior Written Notice

PRIOR WRITTEN NOTICE (PWN)

(Required with every ARD meeting. Prints with Signature Page)

According to the Parent’s Guide to the ARD Process, (July, 2018),

One of the parent’s rights under IDEA is to receive prior written notice (PWN) about certain actions concerning their child before the school actually takes the action. Specifically, a school must give parents prior written notice in their native language or other mode of communication when:

The school proposes to initiate or change the identification, evaluation, educational program, or educational placement or the provision of FAPE to the child, (including a change prompted by your revocation of consent for the continued provision of special education and related services); or

If the school refuses to initiate or change the identification, evaluation, educational program, or educational placement of the child or the provision of a FAPE to the child.

PWN must be given to parents at least five school days in advance of the actions that the school proposes or refuses to take, unless the parent agrees to a shorter timeframe- but even a waived Notice needs PWN. The school must provide the PWN regardless of whether the parent agreed to or requested the change.

After an ARD, the parent/adult student can waive the five school day waiting period between the current IEP and the implementation of the proposed IEP. If waived, be sure to obtain parent signature in the section that follows the signature page, Waiver for Notice to Provide Services.

The Prior Written Notice must include 1) A description of the action proposed or refused, 2) an explanation of why the agency proposes or refuses to take the action, 3) a description of each evaluation procedure, assessment, records, or report the agency used as a basis for the proposal or refusal, 4) a statement that the parents of a child with a disability have protection under the procedural safeguards, 5) sources for the parent to contact to obtain assistance in understanding the provisions of this part, 6) a description of other options that the IEP team considered and the reasons why those options were rejected, and 7) a description of other factors that are relevant to the school’s proposal or refusal.

Key things to remember about the PWN:

- The date of the PWN is the date of the ARD Meeting

- The PWN is a summary of the decisions made at the ARD meeting

- A PWN is required with every ARD Meeting.

- The PWN is not given to the parent until after the ARD committee has made its decisions.

- The school must provide the PWN at least five school days before it implements the proposal or refusal described in the notice, unless the parent/adult student waives the five school day waiting period.

Per TEA, PWN is the agreed-upon, implemented programming / placement decisions finalized in ARD. If you are experiencing repeated disagreement ARDs, this can become problematic in keeping track of what is implemented. In these situations, please consult with your campus Coordinator for assistance.