This blog post was written by Dr. Frank Del Rio, Psy.D., LPC, CART
One of the issues I often receive calls about involve problems with the school disagreeing with parents on what services their child should receive. Parents often request services only to be denied for a variety of reasons.
Before I get into what to do about these disagreements, I feel it is only fair to state I strongly feel the majority of administrators, teachers and paraprofessionals do want to help their students. No one chooses a career in special education because they want to refuse to help students with disabilities and their families. There are a variety of reasons these disagreements occur. However, every parent should feel comfortable demanding every service their child is entitled to receive.
Near the end of this, I will write a sample “end of the meeting” letter you can use to follow up with the school after every meeting. It summarizes your understanding of the meeting and gives you a paper trail of what has occurred you can refer to in the future. This is extremely important so please don’t skip it.
How many times have you heard phrases like these, at Individualized Education Program (IEP) meetings, when you’ve suggested something?
“I don’t think he/she needs that”.
“Why don’t we ‘wait and see’ and talk about it in a few months”?
“I have to discuss this with {someone with more authority} and then I’ll get back to you.” (and they don’t)
“Why don’t we table that until next fall/summer/the end of days?”
Sound familiar? Despite your best efforts and taking recommendations from other parents or advocates, you’re still being told no. What if I told you that there is a tool built into the IEP process that can help you with this?
Enter the PWN. Prior Written Notice.
It’s going to happen, sooner or later you will be at an impasse in the IEP process.
I’ve always said, the IEP is not one document or one meeting, it’s a process.
At every step in the process, you have a decision to make.
“They still won’t put my parental concerns in full in the IEP.”
“They still won’t agree to a 1:1.”
“They still said no to ESY.”
You submitted your data, you have your ducks in a row, they still said no.
Yes, it happens and will happen. That’s just how it is. The special education system is not always fair and often feels like the IEP process is stacked against parents.
However, there is one tool in place to use. It is the most effective and most underused (by parents) tool in the IEP process. Say hello to your new BFF, the PWN.
What is PWN/Prior Written Notice?
The word prior can be confusing. Parents often mistakenly think that this means prior to the IEP meeting. It doesn’t. It means prior to a change.
Although the term prior written notice sometimes leads people to believe it is a document provided before a meeting, similar to a meeting notice, it is to be provided after a decision is made but before it is implemented.
Under the Individuals with Disabilities Education Act (IDEA), parents have the right to receive prior written notice from the school each time that the school proposes to take (or refuses to take) certain actions with respect to your child. Specifically, the school must provide parents with prior written notice each time that it:
proposes to initiate or change the identification (as a child with a disability), evaluation, or educational placement of your child
proposes to initiate or change the provision of FAPE to your child (their free and appropriate education)
refuses to initiate or change the identification, evaluation, or educational placement of your child
refuses to initiate or change the provision of FAPE to your child
I bolded those last two because those are the two that I find I am telling parents most often. So, if as part of your parent concerns you wish to discuss at the IEP meeting, you asked for a different placement or more evaluations (or something else), if they refuse, they have to give you written notice as to why.
Now, are the light bulbs going off? Are you having that “a-ha!” moment, if you didn’t know what PWN is before now?
The next time you get a “no” in any form, just send an email with “OK, I understand, please send that to me on a Prior Written Notice form, thanks.” If they don’t/won’t, call Texas Education Authority (TEA) or the US Dept of Education and ask about compliance complaints about not following IDEA. I don’t pretend to know everything about PWN so here is the information direct from the federal government:
When is a PWN required?
A Prior Written Notice (PWN) is required in the IEP process when a school district proposes or refuses to initiate or change:
The identification of a child as having a disability
The evaluation of the child
The educational placement of the child
The provision of a Free Appropriate Public Education (FAPE)
The school must provide a PWN anytime they deny a parent’s request or make changes to a child’s IEP without agreement. This notice must include:
What the school is proposing or refusing
Why they are making this decision
The data or information used to make the decision
A statement that parents have rights under IDEA
Resources for parents to understand their rights
Other options considered and why they were rejected
Other relevant factors in the decision
This is your paper trail—it helps document disagreements, and you can use it to challenge decisions if needed. If a school denies a request and does not provide a PWN, ask for one in writing! Schools are legally required to give it.
PWN is HUGE when used properly, and not enough parents use it. Huge, life-changing. You either get what you ask for or you get the written documentation that you asked for it, were denied, and the reasons that the district denied it.
You have documentation to use if you end up in Due Process, mediation or other methods of resolving problems.
When is a PWN not required?
A Prior Written Notice (PWN) is not required in the IEP process for routine actions that do not significantly affect a child’s special education services. Here are some common situations where a school does not have to provide a PWN:
Routine Progress Reports: Schools are required to provide progress reports, but they don’t have to issue a PWN each time a report is sent home.
General School Communications: If the school informs parents about general policies, upcoming events, or routine classroom matters, a PWN is unnecessary.
The key takeaway? If the school is refusing or changing something significant about your child’s special education plan, a PWN is required. If they say “no” to your request and don’t provide a PWN, ask for one in writing.
The PWN may not be a separate form.
No, a Prior Written Notice (PWN) is not always a separate form. It just has to be in writing and include all the required elements under IDEA (34 CFR § 300.503).
Where You Might “See” the PWN
✔️ A separate document labeled “Prior Written Notice” – This is the most common way schools provide PWN.
✔️ Within the IEP itself – Some schools include the PWN at the end of the IEP document, summarizing changes or refusals.
✔️ In an email or letter from the school – If an email from the school clearly explains a refusal, the reasoning, and the data used, it may count as a PWN.
However……
The format doesn’t matter as much as whether it includes all legally required elements:
🔹 What the school is proposing or refusing
🔹 Why they are making this decision
🔹 Data or reports they used
🔹 Other options considered and why they were rejected
🔹 Parents’ rights under IDEA
If You’re Unsure If Something Counts as a PWN:
✅ Compare it to the legal requirements
✅ Ask the school directly: “Is this document considered my Prior Written Notice?”
✅ If it’s missing required elements, request a proper PWN in writing
Sometimes, schools embed the PWN within the IEP document instead of providing a separate form. This often appears at the end of the IEP under sections like “Team Response to Parent Requests” or “Prior Written Notice.” If the school makes any changes to the IEP (or refuses a request), they must include a compliant PWN within the document.
However, don’t assume it’s there—always review your IEP carefully to make sure the PWN includes all the legally required elements. If it’s missing information or doesn’t fully explain the school’s decision, request a proper PWN in writing.
Incorrect Prior Written Notice Forms
If the Prior Written Notice (PWN) you receive is incorrect or missing information, here’s what you should do:
1. Respond in Writing
Send an email or letter to the school stating that the PWN is incomplete or inaccurate and request a corrected version. Be specific about what’s missing or incorrect. Example:
“I received the Prior Written Notice dated [date], but it does not include the reason my request was denied, nor does it list the data used to make this decision. IDEA requires that all PWN include this information. Please provide a revised PWN with the missing details.”
2. Reference IDEA Requirements
Schools are required to provide a complete PWN under 34 CFR § 300.503 of the IDEA. If they fail to do so, they are out of compliance.
3. Attach Documentation
If the PWN misrepresents what was discussed or decided, attach emails, meeting notes, or other documentation proving the error. This is why the after the IEP meeting e-mail is essential (and one should be done after every meeting to keep your paper trail).
4. Escalate if Necessary
If the school refuses to correct the PWN, you may:
Request mediation
File a state complaint for non-compliance
Include the issue in a due process complaint if needed
5. Keep Everything
A faulty PWN is a weak legal defense for the school if you later challenge their decisions. Keep all records—emails, meeting notes, and the original PWN.
Extremely Important “After the Meeting” E-mail
There is one super important, the necessary thing that EVERY PARENT MUST DO after their IEP meeting. You should do this after every meeting you have with your child’s team.
This way, there are no surprises when you receive the final IEP.
You MUST do this 24-48 hours after your IEP meeting (while it is fresh on your mind). Write your “after the meeting” e-mail to summarize what you believe was decided in the meeting. Following is an example you can use as a template:
Dear {special ed team leader},
I want to thank you and the team for meeting with us today to discuss my child {name}. A lot of information was tossed around, so I want to make sure that I have everything correct. As I recall, we discussed:
and list what you discussed
every.single.item
yes, really
bullet point them for simplicity
even items you are not happy with “we discussed the possibility of getting Jacob a 1:1, which most of the team disagreed with, but I still feel he needs.”
items you are unsure about “we discussed increasing his OT from once per week to twice per week, but we did not discuss when that will begin. Please make sure that is clarified on the IEP.”
“Please let me know if I have forgotten anything or misunderstood anything. I will look for my finalized copy of the IEP and the PWN within the next week or so.”
Simple. It puts the ball in their court. If they do not refute anything that you have said, in the eyes of the law, it stands as truth. You have let them know that you expect a PWN with all of the items on it, and you were not confrontational about it.
Should your IEP arrive with missing items, or items on it that are different than what was discussed, you have some data to refute it.
If you need further assistance, you can contact Partner Resource Network in your area (prntexas.org). They are fantastic at sitting down with you, discussing your concerns and assisting in planning what action to take on school related disability issues.
As always, you can also contact The Arc of Wichita County for further assistance as well.