Prior written notice: when it is required and what it contains
By the IEP Atlas editorial teamLast updated
Short answer
Prior written notice (PWN) is the letter a school must send a reasonable time before it proposes or refuses to start or change a student's identification, evaluation, placement or services. It states the action, why the school is taking it, what data it used, what other options were considered and rejected, and where parents can get help. A refusal needs notice as much as a proposal.
Prior written notice is one of the procedural safeguards in IDEA. Its job is to put the school's decision and its reasons on paper before anything changes, so parents can understand it and respond.[1] Many case managers treat it as a form to attach after the meeting. It works better as a short, specific letter that a parent could read without having been in the room.
This page explains the federal rule, then follows one fictional student through three notices in one school year. State forms and timelines differ, so check your state's procedures for the exact format.
When prior written notice is required
The school must give written notice a reasonable time before it proposes, or refuses, to start or change any of four things:[1]
- the student's identification (eligibility or disability category);
- the evaluation;
- the educational placement;
- the provision of a free appropriate public education, which in practice means services, goals and supports.
The refusal half is the part teams forget. If a parent asks for more speech minutes and the team says no, the school owes the parent notice of that refusal.
Notice also comes up when a parent revokes consent for services. The school must give notice before it stops services.[2]
The seven required parts
Every notice must contain:[1]
- A description of the action the school proposes or refuses.
- An explanation of why the school proposes or refuses it.
- A description of each evaluation, assessment, record or report the school used as a basis.
- A statement that the parents have protection under the procedural safeguards and, if this is not an initial referral, how to get a copy of them.
- Sources the parents can contact for help understanding the rules.
- A description of other options the team considered and why they were rejected.
- A description of other factors relevant to the decision.
The notice must be written in language understandable to the general public and in the parent's native language, unless that is clearly not feasible. If the parent's language is not written, the school must translate it orally and keep a record that it did.[1]
Rules at a glance, with state variation
| Rule | What the federal rule says | Where states differ |
|---|---|---|
| Timing | A reasonable time before the action | Many states set a number of days; some let the change start sooner if the parent agrees |
| Trigger | Proposing or refusing to change identification, evaluation, placement or FAPE | Some states list more triggers, such as graduation or exit |
| Format | Written, in understandable language | Most states have a required form |
| Language | The parent's native language unless clearly not feasible | Some states set translation timelines |
| Combining with other notices | Allowed; the notice can go with other documents | Some states require a separate PWN for each action |
| Delivery | Not set in detail | Many states accept email if the parent agrees |
The prior written notice and procedural safeguards glossary entries cover the terms.
A year of notices for one student
Marcus is a fictional 3rd grader with an IEP for a specific learning disability in reading. His annual review is on October 3.
Notice 1: proposing a change in services (October)
At the annual review, the team proposes increasing reading instruction from 3 to 5 sessions a week. Here is the notice, written the way it should be:
Notice 2: refusing a parent request (January)
In January, Marcus's parents ask for a one-to-one aide for all reading work. The team meets on January 22 and declines.
Weak notice: "Request for aide denied. Not needed."
Better notice: "The team refuses the request for a one-to-one aide during all reading work. Marcus completes 85% of independent reading tasks with the current check-in support, based on 6 weeks of task completion data (December 1 to January 15). The team considered a one-to-one aide and adding a check-in at the midpoint of each task. The team chose the midpoint check-in, starting January 29, because it keeps Marcus working on his own and the data shows he is close to the goal."
The better version gives the numbers, the dates, and what the team will do instead. A parent who disagrees now knows exactly what to challenge.
Notice 3: proposing a reevaluation (April)
Marcus's triennial reevaluation is due in the fall. In April the team proposes testing in reading, written expression and attention, because his teachers report problems with focus. The notice lists each assessment planned and why, and the school asks for the parents' consent for the reevaluation.[2] Use the IEP due date calculator to see how much time is left before the reevaluation deadline.
Common mistakes in prior written notice
- Weak: "Per IEP team decision." Better: The specific action, with minutes, dates and settings.
- Weak: Listing "teacher input" as the only data. Better: Naming the probes, dates and number of data points.
- Weak: Leaving "other options considered" blank. Better: At least one real option and why it was rejected.
- Weak: No notice when the team says no. Better: A notice for every refusal of a parent request.
- Weak: Sending the notice months later. Better: Sending it with the final IEP, within your state's timeline.
Where notice fits in the meeting cycle
The IEP meeting checklist puts the notice in the "after" list, next to sending the final IEP. Parents can find their other rights in the special education rights overview, and disputes are compared in mediation vs due process vs state complaint.
Frequently asked questions
Is prior written notice required when the school says no to a parent request?
Yes. The federal rule covers refusals as well as proposals. If the school refuses to start or change identification, evaluation, placement or services that a parent asked for, it must give written notice explaining why.
How long before a change must prior written notice be sent?
The federal rule says a reasonable time before the change. Many states set a specific number of days. Check your state procedures, and send the notice with the final IEP so parents have it before services change.
Can the IEP document serve as prior written notice?
Only if it contains all seven required parts, including the reasons, the data used and the options rejected. Most states use a separate notice form so nothing is missed.
Use it in IEP Atlas
- Prior written notice in the IEP glossary
- Procedural safeguards in the IEP glossary
- IDEA in the IEP glossary
- IEP due date calculator
Related guides
- Special education rights for parents and students: an overview
- Mediation vs due process vs state complaint
- IEP meeting checklist for teachers and case managers
- What is a manifestation determination?
- When the IEP is not being implemented
- What is FAPE? Free appropriate public education explained
Sources
- 34 CFR §300.503: Prior notice by the public agency; content of notice, U.S. Department of Education (IDEA website)
- 34 CFR §300.300: Parental consent, U.S. Department of Education (IDEA website)
Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.