What is Prior Written Notice?

What is Prior Written Notice?

The IDEA requires that the school give parents a document called “Prior Written Notice” or “PWN” (PWN) whenever the school:

  • Proposes to initiate or change the identification, evaluation, or educational placement (including graduation with a standard or advanced studies diploma) of the child, or the provision of a free appropriate public education for the child; or
  • Refuses to initiate or change the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education for the child.

What must the school include in the Prior Written Notice?

A Prior Written Notice (“PWN”) must include each of the following seven components:

  1. A description of the action(s) proposed or refused by the school.
  2. An explanation why the school proposed or refused to take the identified action(s).
  3. A description of any other options the IEP team considered and the rejection of those
  4. A description of each evaluation, assessment, or record the school used as a basis for the proposed or refused action(s).
  5. A description of other factors relevant to the school’s proposal or refusal
  6. A statement about parents’ procedural safeguards under the IDEA and Virginia’s regulation.
  7. Sources the parents can contact to obtain assistance in understanding the provisions of the notice requirement.

How long does the school have to send Prior Written Notice?

The school must send the PWN “within a reasonable time before” the school takes the proposed or refused action(s). VDOE identifies a “reasonable timeframe” to be no more than ten business days.

Does a school have to send Prior Written Notice if the IEP team needs to reconvene to finish IEP development?

Yes. VDOE requires that a school issue a PWN after each IEP, eligibility, or other applicable meeting – even if the team needs to reconvene to finish its discussion. This includes the requirement that the school provide a PWN after each individual IEP meeting, even if the IEP meetings were continuations of an annual meeting.

Does it deny a FAPE if the school does not timely issue Prior Written Notice?

It can. Violating a procedural requirement will constitute the denial of free appropriate public education (“FAPE”) if it significantly impedes the parents’ opportunity to participate in the decision-making process or if it deprives the student of an educational benefit.

Last Updated: July 8, 2026

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