Prior Written Notice (PWN)Under the IDEA

Presented byJose Martín, Attorney

Richards Lindsay & Martín, L.L.P.Austin, Texas

When is PWN required?

• 34 C.F.R. 300.503(a)

When ISD proposes, or refuses, to initiate or change identification, evaluation, placement, or provision of a FAPE

Also, in revocation of consent situations

And, if ARDC will implement an IEP with which parents disagree

When is PWN required?

• “Propose” means when the IEPT decides to take the action, or refuse to take an action

PWN not required if an option is considered, but not ultimately acted on

Also, in revocation of consent situations

When is PWN required?

• PWN required for every IEP change, no matter who initiates the change

• PWN required even if parent agrees to action

• IEP amendments without meetings also require PWN

• And, graduations

Timeline for PWN

• PWN must be provided five days before a change goes into effect, unless parent waives PWN

• Thus, if parent wants a change to be implemented immediately, they can waive PWN

• Schools should have a waiver form for these cases

• PWN must be provided in native language

Contents of PWN• Seven elements to PWN:

1. Description of change made or refused2. Explanation of reason for action/refusal3. Data bases for action/refusal4. Statement of receipt of IDEA safeguards5. Sources of info for parents on IDEA6. Options considered and why rejected7. Other relevant factors considered

Contents of PWN• Why did we not worry about this so much in

the past?

Because USDOE says the IEPT report and minutes can meet the PWN requirement, we tended to rely on the ARD paperwork

But, does it really contain the 7 elements for every action or refusal?... Probably not

So, states have re-emphasized PWN

Disagreement Situations

• What if the parents disagree at a meeting?

Follow disagreement process

Provide PWN

PWN Forms

• Most forms are fine

May want to include date of draft, date PWN provided to parent, and method of transmittal

Evaluation Scenario• 2nd-grade student is in a tiered reading intervention program, doing well• Now is struggling less in classes, not failing, but mom is still concerned• Student’s reading scores improving• Parent indicates she wants sp ed evaluation• Staff proceed to Referral Conference• At conference, staff review progress data• Staff recommend continued interventions

Evaluation Scenario• Staff do not think evaluation required• Parent wants evaluation “in case progress slows and he might need sp ed”• Staff decide to deny evaluation

Evaluation Scenario

What is action proposed/refused?

District denies IDEA initial evaluation at present time

Evaluation Scenario

Reasons why action proposed/refused

• Progress data shows improvement in reading• Student no longer failing• Teachers report good response to interventions

Evaluation Scenario

Other options considered

• Proceed with interventions• Continue interventions during evaluation• Proceed with evaluation

Evaluation Scenario

Bases for action/refusal

• Reading intervention progress data• Teacher reports• Classroom grades

Evaluation Scenario

Other factors

• Parent request for eval based on possibility student’s progress might slow to point he might need sp ed, rather than current circumstances

Evaluation Scenario 2• 3rd-grade student is struggling in reading, writing• Also struggling with classroom grades• Problem is of recent nature, student’s attitude has changed, possible family problems• Parent asks about testing• Staff proceed to Referral Conference• At conference, staff review progress data• Staff discuss available interventions• Staff recommend trying interventions first

Evaluation Scenario

What is action proposed/refused?

District denies IDEA initial evaluation at present time to attempt interventions for a grading period and reconsider at that time

Evaluation Scenario

Reasons why action proposed/refused

• To attempt interventions for 6 weeks• No suspicion of disability at this time

Evaluation Scenario

Other options considered

• Proceed with interventions• Continue interventions during evaluation• Proceed with evaluation

Evaluation Scenario

Bases for action/refusal

• Teacher reports• Classroom grades• Counselor input

Evaluation Scenario

Other factors

• Problem of recent nature• Student’s attitude toward school has changed• Teachers do not suspect LD