Prior Written Notice

An IEP team shall provide PWN to the parent/guardian of a student with a disability before the public agency proposes or refuses to initiate or change the identification, evaluation, or educational placement of the student, or the provision of FAPE to the student. PWN means that MCPS shall provide to the parent written documentation of proposed and refused changes "prior to" any changes in the identification, evaluation, educational placement, or provision of FAPE for an eligible student. The IEP team must complete the PWN, file a copy in the student's confidential file, and provide a copy to the parent/guardian five-business days after the IEP team meeting. No changes to the IEP may be implemented until PWN is provided to the parent.

A PWN should be completed for each meeting.

Federal and state regulations require that each PWN, at a minimum, document the following components:

  • A description of the action proposed or refused.

  • An explanation of why the public agency proposes or refuses to take the action.

  • A description of the options the public agency considered and the reason the options were rejected.

  • A description of each assessment procedure, test, record, or report the public agency uses as a basis for the proposal or refusal.

  • A description of any other factors relevant to the proposed or refused action.

  • A statement that the parent/guardian has protections under the procedural safeguards of the Act and the manner in which the parent/guardian may obtain a copy of the procedural safeguards.

  • A list of sources a parent/guardian may contact to obtain assistance in understanding the provisions of state and federal regulations.

  • If an action proposed by a public agency also requires parental consent, a public agency may provide notice at the same time it requests consent.

The PWN shall be written in language that is understandable to the general public, and provided in the native language of the parent, unless it is clearly not feasible to do so. If the native language used by the parent is not a written language, the public agency shall ensure that the notice is translated orally or by other means to the parent/guardian and the parent/guardian understands the content of the notice.

The parent can elect to be provided PWN by electronic mail.

Legal Authority

34 CFR §300.503, COMAR 13A.05.01.12