You should receive a PWN any time the school district is proposing to initiate a change in the IEP, such as offering an evaluation or recommending a change in placement. You should also receive a PWN any time the district refuses your request for any type of evaluation or change to your child’s FAPE.
Once a PWN is received, you can reconvene with your IEP team to figure out the issue. You have the option to invoke “stay put” if you disagree with a change in placement or services, or you can request an Alternative Dispute Resolution (ADR) meeting. The PWN is a formality stating the reason for denial so that it is on record. While it is not a requirement for furthering the mediation process, it is useful in the event that your case goes to due process.
As with everything when it comes to your child’s IEP, if you have to make a request, do it in writing!
Receiving a PWN is part of the law, and if you do not get one, the district is out of compliance. PWN is a parent’s right. If a district refuses to offer one or does not respond, especially in response to a denial, you can request one in writing, and bring in an advocate or lawyer to ensure timely resolution.
For more information, see our article What Is Prior Written Notice?
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