Written Prior Notice Notes

Written Prior Notice Overview

Provides parents with information regarding proposals before consent is given. It captures team discussions and proposals, ensuring parents have all necessary details in one place prior to providing written consent.

Regulations and Timeline

Written Prior Notice (WPN) must be provided to parents:

  • Before obtaining written consent.
  • Within a reasonable time, but not less than 14 days.

WPN is required when the school district proposes or refuses to initiate or change:

  • A referral
  • Evaluation
  • Determination of eligibility
  • IEP
  • Education placement
  • Graduation
  • Termination of services
  • Respond to a parent’s request for a meeting when refusing to convene the IEP team

Contents of the Written Prior Notice

The Written Prior Notice must include the following, written in sentence format:

  1. Description of the action being proposed or refused by the school district.
  2. Explanation of why the school district proposes or refuses to take this action.
  3. Description of each evaluation procedure, assessment, record, or report used as a basis in making this decision.
  4. Description of other options the IEP Team considered and why those options were rejected.
  5. Description of other factors relevant to the school district's proposal or refusal.

Key Considerations for Each Item

  • Item 1 (Description of action): Should be a topic sentence, avoid words like "implement" or "accept".
  • Item 2 (Explanation): Provide supporting details for the action, avoid restating the proposal.
  • Item 3 (Data): Describe relevant data, including student performance, and avoid irrelevant assessment results.
  • Item 4 (Other Options): Include options the team considered but rejected, with reasons why. Do not leave blank or put “N/A.”, can state that there were no other options considered at this time.
  • Item 5 (Other Factors): Capture parent input, relevant discussion items, and any factors impacting the proposal. Do not leave blank or put “N/A.” Can state that there were no other factors considered at this time.

Combining Proposals

One WPN can include multiple proposals/refusals. Each must have all required components, delineated by number.

Non-compliant Practices

  • Item 1: Using words that indicate decisions will start before consent (e.g., "implement," "accept").
  • Item 2 (for Placement): Stating “it is the least restrictive environment” without explaining why the placement is best for the student.
  • Item 3: Writing a list of evaluations instead of a description.
  • Items 4 & 5: Leaving blank or writing “N/A.”

Recommended Preventative Actions

  • Avoid acronyms and jargon.
  • When combining proposals, ensure descriptions are clear for each item.
  • When describing data, provide context for scores (e.g., average range).
  • Only include data that supports the proposal in Item #3.