Prior Written Notice

The Prior Written Notice Statute is a powerful tool to obtain information about your child's educational program. A key subsection is 20 USC 1415 (b)(3)(c)(5) that requires schools to provide a parent with "a description of any other factors that are relevant to the agency's proposal or refusal." Questions about the qualifications of the personnel, the teaching methods, the classroom environment and other subjects may be relevant to the proposed offer of placement and services. Parents should submit written questions in these areas and others.


20 USC 1415 Subsection (b) (3) states that Prior Written Notice must be given to a parent when the district:

• Proposes to initiate or change the identification, evaluation, or educational placement of the child, or the provision of FAPE to the child; or
• Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.


Subsection (c) Content of Written Notice. The notice required by subsection (b) (3) must include:

1. A description of the action proposed or refused by the agency
2. An explanation of why the agency proposes or refuses to take the action
3. A description of any other options that the agency considered, and the reasons why those options were rejected
4. A description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action
5. A description of any other factors that are relevant to the agency's proposal or refusal
6. A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if the notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and
7. Sources for parents to contact to obtain assistance in understanding the provisions of this part. (See also 34 CFR 300.503 (a)(b))



*Get an advocate or a good special education lawyer if you have any disputes with the school. You might have to also consider doing Mediation and Due Process.