Tips to Equip: Prior Written Notice

Procedural rights are the protections surrounding the IEP planning process. Prior written notice is one of those procedural protections.

Its purpose is to give the parents more information when the school district either initiates or refuses to do something. Anytime the school district proposes (or refuses a parent request) to change the identification, evaluation or placement of a child, they must provide prior written notice.

For example, if the school wants to initiate a special education assessment of the child, they must provide the parent with prior written notice as to the reasons why the school believes the assessment is warranted.

Or maybe the parent makes a request for an assessment and the school district says no. In that case, the school district must provide the parent with prior written notice as the reasons why it refuses to assess the child.

Or maybe the school district or the parent wants to change the child’s placement or services. This would also trigger prior written notice.

What are the components of prior written notice? Prior written notice must include the following: An explanation of why the school district wants to make a change or is refusing to make a change the parent requested regarding the identification, evaluation or placement of a child; a statement of the other options that were considered in making the determination and why those options were rejected; a description of each test or record the school used in making the decision; and finally, attach a procedural safeguard notice that includes all of the parent’s procedure rights.

So, you can see how helpful this prior written notice becomes. The school can’t simply refuse a parent’s request and leave them with no information as to their decision. If they disagree with the parent’s request, they have to explain the reasons for their disagreement. The parent has the right to be informed about the planning process in the IEP.

Finally, prior written notice does not have to be in the form of a separate letter or separate document from the IEP. It can be included in the IEP, as long as all of the requirements outlined above are met.