Prior Written Notice

October 10, 2011
The Texas Education
Agency has recently
clarified and expanded
the use of Prior Written
Notice (PWN) in
Special Education
What should be included in the
 A description of the action proposed or refused by the agency
 An explanation of why the agency proposes or refuses to take the action
 A description of each evaluation procedure, assessment, record, or
report the agency 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 of this part and if this 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 assistance in understanding 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 agency’s proposal
Other important information
 Make sure you understand the distinction between
the ARD committee invitation and PWN.
 The invitation is not a PWN
 Must an LEA provide PWN regardless of whether the
parent agrees or disagrees with the change
 Yes. An LEA must provide PWN regardless of whether
the parent agrees or disagrees with the change
When to provide PWN
 School districts must provide a parent or an
adult student with Prior Written Notice
when it proposes or refuses to initiate or
change the student’s identification,
evaluation, placement, or how the student is
provided a free appropriate public education
When to provide PWN
 School districts are also required to
provide PWN to a parent or adult
student before it ceases to provide
special education and related services
in response to the parent’s or adult
student’s revocation of consent for the
continued provision of services.
When to provide PWN
In addition, a school district must
provide PWN before implementing
an Individualized Education
Program (IEP) with which the
parent or adult student agrees or
District Procedures
 The Prior Written Notice form has been updated and
is located on the Special Ed Manager
 If the parent does not waive the 5 days, then the school
must wait 5 days before implementing the new IEP.
 PWN must be completed immediately after the ARD to
ensure the IEP is implemented in a timely manner.
 If the parent waives the 5 days, the IEP may be
implemented the following day and the ARD
documents serve as the PWN
 A copy of the PWN must be given to the parent and a
copy must be filed in the Eligibility folder with the
ARD document.
 If changes to the IEP affect more than one area, staff
members need to work together to incorporate all
information on one PWN.
The following chart identifies when a Prior Written Notice
is required
Proposal or refusal to initiate or change something related to: Yes No
Identification of Student
Response to Intervention
Eligibility for Special Education
Category of Eligibility
Proposal or refusal to initiate or change something related to: Yes No
Evaluation of the Student
Collection of new data for initial evaluation and reevaluation
Review of Existing Evaluation Data
Parent request for FIE
Parent request for IEE and district agrees
Parent requests IEE and district refuses
Refusal to Evaluate
Educational Placement of the Student
Initial educational placement into special education.
Relocation of the special education program (placement
is not the same as location)
Move to more restrictive environment
Move to less restrictive environment
Dismissal from Special Education
Graduation with regular diploma
Disciplinary removal for more than 10 consecutive school
Disciplinary removal for not more than 10 school days
Relocation to DAEP for more that 10 days (provided after
the manifestation review)
Provision of FAPE to the Student
Deletion or addition of instructional or related services
Increase or decrease in special education instructional services
or related services
Refusal to increase or decrease an instructional or related
Changes to the IEP(For inst. or related services)
Changes, additions, or deletions to classroom accommodations
Changes, additions, or deletions to classroom accommodations
(For inst. or related services)
Changes, additions or deletions of annual goals and objectives
Changes, additions or deletions of annual goals and objectives
(for inst or related services)
Change in how a student will participate in statewide
Consideration of the 11 Autism Strategies
How to get to the PWN on Sped
Select the Student
Select Notice of Decision
You can also find PWN on page 7 of
the ARD
Notice of Decision button
will open the Notice of Decision
Important things to remember
Have the parent check
either option and initial
If the parent is at the ARD, explain that if they agree with the
recommendations and agree to waive the 5 days PWN the IEP can be
implemented immediately.
If they do not waive the 5 days then we have to wait 5 school days
before implementing the IEP.*
*if the parent comes back within those 5 days and does not agree
with a decision made at the ARD, another ARD must be held
If the parent is not at the ARD…
 …But present by telephone, parent can agree over the
phone to waive the 5 day PWN and you can check the
box on page 7 and write a note on it
 …but the parent gives permission to have the ARD
without them, contact the parent and ask if they want
the IEP to be implemented immediately. If so, check
the box on page 7 and write a note on it.
 …and you did not get a hold of the parent before the
ARD then PWN has to be issued.
****Note in the minutes how the PWN was waived or
not waived

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