Prior Written Notice
Your right to receive written notice any time the school proposes or refuses to change your child's identification, evaluation, placement, or services — and what to do if you don't get one.
Page Information
Jurisdiction: Federal IDEA + California special education law
Reviewed: Pending expert review
This page is informational but is still being reviewed by a special education expert. Some details may change.
Prior Written Notice
What Is Prior Written Notice?
Prior Written Notice — often called PWN — is one of the most important protections you have as a parent in the special education system. It means that any time the school wants to make a change to your child's special education services, or any time the school refuses something you've asked for, they must put it in writing and give it to you before the change happens.
This applies every time the school proposes or refuses to:
- Evaluate your child (or refuse an evaluation you requested)
- Identify your child as having a disability (or change that identification)
- Change your child's placement — where and how they receive services
- Add, remove, or change services in your child's
- Graduate or exit your child from special education
Think of as a paper trail that protects you. Without it, schools could make decisions about your child behind closed doors, and you'd have no way to know what was decided, why, or what your options are. PWN ensures that nothing happens to your child's education without you being informed — in writing — first.
Tip
Prior Written Notice is not optional. It is required by federal law every single time the school proposes or refuses to take action related to your child's special education. If the school makes a change without giving you PWN, they are out of compliance.
What Must Be Included in Prior Written Notice
The law is specific about what Prior Written Notice must contain. It is not enough for the school to simply say "we decided to do this." The notice must include all of the following:
- A description of the action the school is proposing or refusing to take
- An explanation of why the school is proposing or refusing the action
- A description of each evaluation, test, record, or report the school used to make its decision
- A description of other options the school considered and why those options were rejected
- A description of any other factors that are relevant to the school's decision
- A statement about your — your rights to disagree and what you can do about it, including how to request or file a complaint
The notice must be written in plain language that you can understand. If your primary language is not English, the school must provide the notice in your language — or explain it to you in your language — unless doing so is clearly not feasible.
Tip
When you receive a Prior Written Notice, read it carefully. If the explanation is vague — for example, "the team decided" without saying why — ask the school to revise it with specific reasons. A vague PWN does not meet the legal requirements.
When You Should Receive Prior Written Notice
You should receive PWN in many situations, including:
- After an meeting where any changes were made to your child's services or placement
- When the school denies your request for an evaluation or re-evaluation
- When the school proposes to change your child's eligibility category
- When the school wants to reduce services (like cutting speech therapy from twice a week to once)
- When the school proposes to move your child to a different classroom or program
- When the school determines your child no longer qualifies for special education
- When you request something at an IEP meeting and the school says no
If any of these things happen and you do not receive written notice, the school has not met its obligation under federal law.
What the Law Says
What To Do Next
- Check your records. Look back at your child's most recent IEP meeting or any time the school made a change or denied a request. Did you receive a written document explaining the decision, the reasons, and your options? If not, the school may owe you a Prior Written Notice.
- Request PWN in writing if you didn't receive it. If the school made a decision — especially a refusal — without giving you Prior Written Notice, send an email asking for it. Be specific about what decision was made and the date it occurred.
- Review every PWN you receive. When you get a Prior Written Notice, check that it includes all the required elements: the action, the reason, the evidence used, the alternatives considered, and your rights to disagree.
- Respond if you disagree. If the school gives you a PWN proposing something you don't agree with, you have the right to challenge it. You can request another IEP meeting, request mediation, or file for due process.
- Keep every PWN in your files. These documents are critical evidence if you ever need to file a complaint or go to a hearing. Never throw them away.
Sample Letter: Requesting Prior Written Notice
Dear [Principal or Special Education Director],
I am writing to request Prior Written Notice regarding the decision made on [date] about my child, [Child's Name]. At [the IEP meeting / in our conversation / in the school's communication], the school [proposed to change / refused to provide] [describe the specific action — for example: "reduce my child's speech therapy services from 60 minutes per week to 30 minutes" or "declined my request for a one-on-one aide"].
Under IDEA Section 300.503 and California Education Code Section 56500.4, the school is required to provide me with written notice that includes a description of the action, the reasons for the decision, the evidence used, other options considered, and a statement of my procedural safeguards.
I have not yet received this notice. Please provide it within [five] business days. You may send it to me at the email/address below.
Thank you, [Your Name] [Your Contact Information] [Today's Date]
If You Don't Receive Prior Written Notice
If the school makes decisions about your child without giving you PWN — or gives you a notice that is vague and incomplete — you have several options:
- Put your request for PWN in writing and give the school a specific deadline to respond
- File a compliance complaint with the California Department of Education. Failure to provide PWN is a procedural violation of IDEA.
- Request mediation or due process through the Office of Administrative Hearings if the underlying decision harms your child's education
- Contact a parent advocate or attorney who can help you enforce your rights
Tip
Prior Written Notice is not just a formality — it is evidence. If you ever need to file a complaint or go to a hearing, PWN documents are some of the most important records you can have. If the school didn't give you one, that itself can be a violation you can raise in a complaint.
When to get one-on-one help from an advocate or attorney
Consider contacting an advocate or attorney if any of these apply:
- The district fails to respond to your assessment request within 15 days, misses the 60-day assessment deadline, or repeatedly refuses requests you've made in writing.
- Your child is losing instruction time, being disciplined frequently, or showing significant regression.
- The district wants to move your child to a different school or classroom against your wishes, or you are preparing for mediation or due process.