Prior Written Notice

Understanding Your Prior Written Notice

One of Two Powerful Documents to Take to the IEP

Also see Parent Attachment (Don't leave home without them!)

People often confuse two notices they receive for IEPs. Both notices are described in the new IDEA Part 300, Subpart C--Services.

One notice, is the Notice of Meeting, which by law must be sent to you "early enough to ensure that they "(parents)" will have an opportunity to schedule and attend the meeting at a mutually agreeable time and place." It is found at Sec.300.345 Parent participation.

This notice is supposed to list all the people who will attend the meeting. There used to be confusion when a district would say this notice is only an "invitation" to the meeting and those people listed do not all have to be there. IDEA states that the parents will be informed of "who will be in attendance", in the Notice of Meeting.

If parents believe the meeting is to address serious concerns that requires input from all team members then they might notify the district far in advance of this need. Then the district can arrange the meeting for a time when all members can be present.

Of course there are occasions when quick decisions need to be made for minor adjustments to the IEP that may require the minimum number of people. You also have the right to ask for persons of your choice to attend the meeting.

The second notice is written after an IEP meeting and describes all special services for the child. This document is called Prior Notice and is the subject of this article. This is not a new document, but many people, including professionals seem to not be fully aware of its importance in the IEP process. It is found at Part 300, Subpart C--Services at 300.503 of IDEA. The document should include the information described below:

You must receive Prior Notice before any change in placement takes effect. It must include all services and placements. It should include a list of all suggestions put on the table for consideration, whether each idea was accepted or rejected, and the rationale for acceptation or rejection. This requirement encourages effective communication and offers an excellent way to document the disposition of each item.

If your district is not used to keeping such a Prior Notice format, you might ask them if they will do so. If they choose not to do so, you might want to keep such a record of disposition yourself during the meeting. At the end of the meeting, you could request that it be attached to the IEP as part of your official input into the minutes of the meeting. It should then becomes part of the IEP, since the law requires a full and accurate record of the meeting, and that includes your parent input.

This written record clarifies each item discussed and its eventual disposition. While it is informal documentation, it serves as a powerful tool in seeing that all proposals are considered and their disposition is noted in writing.

If you would like to use a very simple form to track these proposals at meetings you can go here, but first set your printer by going to Page Setup and set on Landscape.

Information at this site is not to be construed as legal advise. Rather it is designed to help parents utilize advocacy strategies that help empower them to be equal participants in the education process.

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