Prior Written Notices

Part C (Birth-Age 3)

Explanation

What is a Prior Written Notice (PWN)?

Per IDEA 2004 (34 CFR §303.421(a)), the school district must give parents a written notice whenever the school district: (1) Proposes to begin or change the identification, evaluation, or placement of an infant or toddler or the provision of early intervention services to the infant or toddler with a disability and that infant’s or toddler’s family; or (2) Refuses to begin or change the identification, evaluation, or placement of an infant or toddler or the provision of early intervention services to the infant or toddler with a disability and that infant’s or toddler’s family.

IDEA also describes required content for a Part C PWN (34 CFR §303.421 (b)) and the Minnesota Department of Education has adopted the model form created by the U.S. DOE based on these content requirements. This is the form that you see in SpEd Forms. In addition, the school district must provide the notice in understandable language and in the parent's native language (34 CFR §303.421(c)).

Examples of when a PWN is required include:

Prior to screening
After screening, when results indicate no suspicion of disability or need to evaluate
After determination that a child is not eligible for Part C services
Prior to initial evaluation and assessment for early intervention services for Part C
Prior to initiating early intervention services (birth-2)
Prior to conducting ongoing assessments
Whenever changing placement or provision of early intervention services

PWN Contents

1. The district is proposing or refusing the following actions for your child:

In describing the proposed action, be clear and specific. For an initial IFSP, generally describe the contents of the IFSP and reference the initial IFSP meeting. For an annual IFSP, the action must describe specific outcomes, services, or changes from the previous IFSP.

Noncompliant Example:

"The district is proposing to implement the attached IFSP."

Compliant Examples:

"The district is proposing to continue Early Intervention services to address Johnny’s Developmental Delay. He and his family will continue to receive services in the in their home."

"The district is proposing to discontinue April’s Early Intervention services related to her Developmental Delay. She has met her outcomes and the team agrees she no longer has a Developmental Delay or needs services for Early Intervention."

2. The reason that the district is proposing or refusing the action:

Whenever you are describing the reason for the school's proposal, it is helpful to think about our obligation under IDEA to provide services embedded within everyday routines that address the unique needs of the child and family within the natural environment (to the maximum extent possible). Outcomes and services should, first and foremost, align with the family's priorities and concerns and current resources.

Our rationale for proposing changes to an infant or toddler's service delivery should reflect and reference these obligations. Conversely, we must avoid rationales that indicate we are making changes purely for the convenience of school staff.

✋ Frequently Asked Questions

What do I do if a parent indicates that they object to a Part C PWN?

If the parent checks the box, “I do not agree with the entire proposal, and I do not give permission for the school to proceed," make reasonable efforts to ensure that the parent is fully aware of the nature of the evaluation and assessment of the child or services that would be available; and that they understand that the child will not be able to receive the evaluation, assessment, or early intervention service unless consent is given.

Unlike Part B, the school district may not use due process hearing procedures (e.g., conciliation conference) to challenge a parent’s refusal to provide consent. According to IDEA (34 CFR §303.420 (d)), parents of an infant or toddler with a disability can say no to some services and still get other services. Parents also have the right to change their mind about a service, even if they first accepted it.Part C early intervention services are all about the family's resources, priorities, and concerns.

Therefore, if a parent disagrees with the entire Part C PWN, the district must accept this and not proceed. If the parent disagrees with portions of the Part C PWN, the district must accept this information and make necessary amendments to the proposal.