By Lateefah S. Williams, Esq.
If your child receives special education services, you probably have heard numerous legal terms being used. One of these fundamental legal terms that you are likely to hear repeatedly is PWN or Prior Written Notice. Sound intimidating? Well, hopefully I can simplify it.
What is a Prior Written Notice (PWN)?
The PWN is either a letter written by your child’s school or a form filled out by your child’s school about key decisions regarding your child’s special education services. The school is legally bound to send this notice before it makes any significant changes to your child’s educational program. This may be by adding or taking away a service, changing the placement, or approving/denying a request for evaluation.
In a sense, the PWN is the school’s way of saying:
“Hey, we are going to put your child in this program. Here is what we considered and the rationale that we used.”
The intent is that as the parent, you have been granted all necessary information to fully participate in your child’s education. A PWN helps accomplish this because it is designed to keep you abreast of the services your child is supposed to receive.
Why a PWN is Important?
A PWN is important because it:
- Protects your child’s rights: The PWN holds the school system accountable for generating this letter. It’s an assurance that schools cannot change anything without you knowing about it.
- Increases Transparency: It is your right to know about everything happening with your child’s education.
- Helps Resolve differences: If you do not agree with the school’s decision, the PWN serves as your documentation should you want to challenge the decision.
- Gives time to respond: A PWN does not require you to respond immediately. Rather, it allows you time to raise questions, ask for a meeting, or even hire an attorney. That said, be cognizant of dates or deadlines.
Why You Need an Attorney When it Comes to a PWN
On most occasions, you could read a PWN by yourself. However, it becomes difficult when the school does not follow the law and denies a service you may need at this stage. In this scenario, one should consider engaging a special education attorney.
If an attorney from Shefter Law P.A. was hired, some of the ways that our attorney could assist you are:
- Review the PWN: The attorney could check for any legal compliance issues and ensure that the required and correct information is included.
- Explain your rights: The attorney could clarify special education and underlying laws so that the parent would understand them, enabling the parent to make a well-informed choice.
- Advocate for more services: The attorney could advocate for you at school meetings to ensure you have a properly written legal document, such as an Individualized Education Program (IEP) or a 504 plan, that outlines the supports, accommodations, and/or modifications the student is entitled to receive.
- Represent you in disputes: If you think the school has made the wrong decision, the attorney could help you file a complaint, seek mediation, negotiate a settlement, or represent you at a due process hearing.
Summary
The Prior Written Notice is often only one or two pages, but don’t let that make you think it is insignificant, as it is one of the vital instruments for any parent. It forces schools to be accountable, helps them make informed decisions, and secures the services that a child requires.
If you need a special education attorney to assist you, contact us at Shefter Law, P.A., at (301) 605-7303 and book a case analysis for free.
