Prior Written Notice (Formerly "Notice of Proposed Services")

Prior Written Notice Video

Prior to proposing or refusing to initiate or change the identification, evaluation, educational placement or the provision of a free appropriate public education (FAPE) to a student the case manger must provide the PWN to the parents.

The prior written notice must include:

• A description of the action proposed or refused by the agency
• An explanation of why the agency proposes or refuses to take the action
• A description of other options considered by the IEP Team and the reasons why those options were rejected
• A description of each evaluation procedures, test assessment, record or report the agency used as a basis for the proposed or refused action
• A description of the factors that are relevant to the agency’s proposal or refusal
• A statement that the parents of a student with a disability have protection have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of the procedural safeguards can be obtained; and Sources for parents to contact to obtain assistance in understanding the provisions of this part.

The purpose of the prior written notice requirements is to inform parents in writing of a district’s final action on a proposal or refusal to initiate or change the identification, evaluation, educational placement or the provision of FAPE (procedural safeguards and special education and related services) to a particular student.  The prior written notice must be provided to the parent whether the parent attends or does not attend a meeting.

Prior written notice must be given to parents a reasonable time before the agency implements the action, but after the district’s decision on the proposal or refusal has been made.  This written notice to the parent is notice of the district’s final decision on a proposal or refusal that will be implemented in accordance with the timelines specified by the MN special education rules and statutes. 

Case managers must provide the parent(s) with prior written notice in the following situations:

1. Initial evaluation plan
2. Re-evaluation plan
3. Need for additional evaluation
4. Determination of eligibility from ESR meeting
5. Development of an initial IEP/IIIP
6. Review or revision of the annual IEP/IIIP
7. Parental request for revocation of special education and related services
8. Graduation or exit from special education services
9. Change in placement due to disciplinary issues or for other purposes
10. Other considerations [discipline (i.e., manifestation determination or interim alternative education placement for 45 schools days), ESY, refusal/denial of a parental request, etc.]

Tips for Completing the Prior Written Notice

1. Complete all of the items on the form.  Avoid using phrases and terms such as “N/A”, “not applicable”, or “see above”.
2. Ensure that each item of information on the form is understandable on its own merit.   Don’t rely on another form or another piece of information to convey information that the prior written notice must communicate.
3. When asked to “describe” on the form, provide a comprehensive written account or list of the required items.  The more information regarding the discussion at the meeting, the better able the parent is in making an informed decision.
4. When asked to “explain” on the form, provide adequate and sufficient information to justify or a complete explanation of the reason(s) for the action. The more information regarding the discussion at the meeting, the better able the parent is in making an informed decision.
5. If the form is completed by the conclusion of a meeting with the parent, review it carefully with the parent.
6. Remember to provide a copy of the procedural safeguards notice (PSN) to the parent, when required.

Below are help sheets with scenarios for common situations. These scenarios contain examples of how to complete the sections of the Notice.

 PWN_Scenarios_Identification.pdf  
 PWN_Scenarios_Evaluation.pdf  
 PWN_Scenarios_Placement.pdf  
 PWN_Scenarios_FAPE.pdf  
 PWN_Scenarios_Reevaluation.pdf  
 PWN_Scenarios_Discipline.pdf  
 PWN_Scenarios_ECSE.pdf