Prior Written Notice is the compliance requirement teachers most often miss, because it isn't a deadline on a calendar — it's a trigger that fires whenever the team makes a decision. Get it right and your IEP decisions are documented and defensible. Get it wrong and you've created a procedural violation that shows up constantly in due process, even when the underlying decision was completely correct.
What PWN is
Prior Written Notice (PWN) is a written explanation the school must give parents a reasonable time before it proposes — or refuses — to initiate or change the identification, evaluation, educational placement, or provision of a free appropriate public education to a child. In plain terms: when the team decides to do something, or decides not to do something a parent asked for, the parent gets a written notice explaining it.
It exists so parents are never surprised, always understand what the school is doing and why, and have what they need to exercise their rights if they disagree.
When you owe a PWN
The trigger is broader than most teachers realize. You generally owe a PWN when the school proposes or refuses to:
- Evaluate or reevaluate a student (or declines a parent's request to evaluate).
- Change eligibility or identify a disability.
- Change placement or the educational setting.
- Add, change, or remove services, goals, or accommodations.
- Graduate a student with a regular diploma (which ends IEP services).
A useful habit: at the end of every meeting where the team decided something, ask "does this need a PWN?" The answer is yes far more often than teachers assume — and "we refused the parent's request" absolutely counts.
What a PWN has to include
A compliant PWN isn't a one-line note. IDEA specifies the elements. Every PWN should contain:
- A description of the action the school proposes or refuses.
- An explanation of why the school is proposing or refusing it.
- A description of each evaluation, assessment, record, or report the school used as a basis for the decision.
- A description of other options the team considered and the reasons they were rejected.
- A description of any other relevant factors.
- A statement that parents have procedural safeguards and how to get a copy.
- Sources parents can contact for help understanding their rights.
The two elements teams most often skip are the data basis and the options considered and rejected. Those are exactly the elements a hearing officer looks for, because they show the decision was reasoned rather than arbitrary.