Prior Written Notice - Your Documentation Protection
- Accessible Education
- Oct 25
- 8 min read
Updated: Nov 10
Part 7: Navigating Texas Special Education: Your Essential Guide to ARD Meetings
Imagine showing up to an ARD meeting where the school announces they're reducing your child's speech therapy from twice weekly to once monthly, moving your child to a different placement, or refusing to evaluate for a suspected disability, and you're expected to respond on the spot without time to think, research, or consult with anyone.
This is exactly what Prior Written Notice (PWN) prevents. It's one of the most powerful protections in special education law, ensuring transparency, thoughtful decision-making, and your right to meaningful participation.
What Is Prior Written Notice?
Prior Written Notice is a written explanation that schools must provide before they propose or refuse to take certain actions regarding your child's special education. It's not just a heads-up, it's a detailed document that must explain what the school wants to do (or refuses to do), why they reached that conclusion, and what other options were considered and rejected.
PWN is required under federal law (IDEA) and detailed in Texas special education rules. It applies to actions related to:
Identification of your child as needing special education
Evaluation or reevaluation of your child
Educational placement of your child
Provision of a Free Appropriate Public Education (FAPE)
The Key Word: "Written": PWN must be provided in writing. Verbal explanations at meetings, phone calls from teachers, or casual conversations don't satisfy the PWN requirement. Schools must document their proposals or refusals in writing.
The Five-School-Day Rule
Timing is everything with Prior Written Notice.
The Requirement: Schools must provide PWN with at least five school days' notice before proposing or refusing an action (unless you agree to a shorter timeframe).
Why Five Days Matters: This timeframe gives you the opportunity to:
Read and understand the proposal or refusal
Research the issues involved
Consult with your child's doctors, therapists, or advocates
Prepare questions and concerns
Gather your own documentation or evidence
Consider whether you agree or disagree with the proposal
Five school days prevent "ambush ARD meetings" where significant decisions are sprung on you without warning. You should never walk into an ARD meeting and be surprised by what's being proposed.
You Can Waive the Timeline: If circumstances require immediate action and you agree, you can consent to a shorter timeframe. However, this should be your choice, documented in writing, not the school's expectation.
What Must Be Included in PWN
Prior Written Notice isn't a simple "we want to do X" statement. Federal and state regulations specify exactly what information must be included, ensuring schools thoroughly consider and clearly explain their decisions.
1. Description of the Proposed or Refused Action
The PWN must clearly describe what the school proposes to do or refuses to do. Vague statements don't meet the requirement.
Good example: "The ARD committee proposes to reduce speech-language therapy services from 30 minutes twice per week to 30 minutes once per week."
Bad example: "The ARD committee proposes to change services."
The description must be specific enough that you understand exactly what action is being proposed or refused.
2. Explanation of Why
Schools must explain why they're proposing or refusing the action. This is where you should see the reasoning, evidence, and thought process behind the decision.
For a proposal, the explanation might include: "Speech-language therapy is being reduced because [student name] has met 8 of 10 communication goals on the current IEP, and recent speech assessments show skills within the average range for age."
For a refusal, the explanation might include: "The district is refusing to conduct an occupational therapy evaluation at this time because classroom observations, teacher reports, and recent fine motor skill assessments indicate age-appropriate development in areas of concern."
Weak explanations like "the committee believes this is appropriate" or "based on professional judgment" don't provide the substantive reasoning required. You should be able to understand the "why" behind the decision.
3. Other Options Considered and Why They Were Rejected
This is one of the most important, and often overlooked, components of PWN. Schools must describe:
What other options the ARD committee considered
Why those options were rejected
This requirement ensures that ARD committees engage in genuine deliberation, not rubber-stamping predetermined decisions.
Example: "The ARD committee considered the following alternatives: (1) maintaining current speech therapy at twice weekly, which was rejected because progress data shows goals are being met at the current level, suggesting reduced frequency would maintain skills; (2) increasing speech therapy to three times weekly, which was rejected because data does not indicate need for increased services; and (3) discontinuing speech therapy entirely, which was rejected because some ongoing support is needed to maintain communication skills."
When PWN includes a detailed discussion of alternatives, you can see that multiple options were genuinely considered. When this section is missing or cursory, it's a red flag that the committee may not have engaged in meaningful deliberation.
4. Description of Procedures, Assessments, Records, or Reports Used
The PWN must describe each evaluation procedure, assessment, record, or report the school used as the basis for the proposed or refused action.
This requirement ensures decisions are data-driven, not based on hunches or assumptions.
Example: "The following assessments and records were used as the basis for this proposal: WISC-V administered October 2024, classroom-based reading assessments from September through December 2024, teacher observations documented on November 15 and December 3, and review of grades from first and second quarters."
When you see what data the school used, you can evaluate whether the data supports the conclusion. You can also identify if important information was overlooked: "They based this on classroom observations, but they didn't consider the neuropsychological evaluation we provided."
5. Other Relevant Factors
Schools must include a description of any other factors relevant to the proposal or refusal. This is a catch-all category for information that doesn't fit neatly into the other categories but influenced the decision.
Examples might include: scheduling considerations, availability of qualified staff, input from related service providers, medical information from parents, or specific circumstances unique to the child.
6. Where to Get Help Understanding
Finally, PWN must tell you where you can obtain help understanding special education provisions. This typically includes contact information for the Texas Parent to Parent organization, regional education service centers, or other parent support resources.
Language and Accessibility Requirements
Prior Written Notice must be accessible to you, not written in educationese or legalese that requires a law degree to understand.
Understandable to the General Public: PWN must be written in language understandable to the general public. Technical jargon should be minimized or explained. Acronyms should be spelled out the first time they're used.
Native Language: PWN must be provided in your native language or mode of communication, unless it's clearly not feasible to do so. If your native language is other than English, request PWN in your language. If you're deaf or hard of hearing, the school must provide the information in your preferred mode of communication.
If Translation Isn't Feasible: In rare cases where written translation isn't feasible (for languages where few written materials exist), the school must take steps to ensure you understand the content, which might include oral translation with documentation that this occurred.
When PWN Is Not Required
It's helpful to understand when PWN is not required, so you don't mistakenly think a procedural violation occurred. PWN is not required for:
Routine communications about your child's day-to-day progress
Scheduling ARD meetings (though notice of meetings is required, it's different from PWN)
Discussions or suggestions that haven't yet resulted in a formal proposal or refusal
Implementation of existing IEP provisions that were already agreed upon
PWN is required when the school proposes or refuses an action, meaning they've decided they want to take (or not take) a specific action related to identification, evaluation, placement, or FAPE.
How PWN Protects You
Understanding the technical requirements is important, but let's talk about how PWN functionally protects you and your child.
Transparency: PWN forces schools to put their reasoning in writing. This prevents misunderstandings and creates a clear record of what was proposed and why.
Accountability: When schools must document what alternatives they considered and why they rejected them, they're more likely to engage in genuine deliberation rather than presenting foregone conclusions.
Time to Respond: The five-school-day minimum gives you time to formulate a thoughtful response. You're not pressured to make immediate decisions about significant changes to your child's education.
Evidence for Disputes: If you later need to file a state complaint or request a due process hearing, PWN documents are critical evidence. They show what the school proposed, what reasoning they used, and whether they followed required procedures.
Equalizing Information: PWN ensures you have access to the same information the school is using to make decisions. You're not operating in the dark while the school has all the data.
Red Flags in PWN
As you receive PWN documents throughout your child's special education journey, watch for these warning signs that might indicate inadequate compliance:
Vague Descriptions: "The ARD committee proposes changes to the IEP" doesn't tell you what changes.
Circular Reasoning: "We're reducing services because the committee determined reduced services are appropriate," explains nothing.
Missing Alternatives: If the PWN doesn't describe other options that were considered, the committee may not have engaged in genuine deliberation.
Boilerplate Language: PWN that reads like a form letter with your child's name inserted suggests the school is going through motions rather than providing individualized notice.
Late Timing: Receiving PWN less than five school days before an ARD meeting (without your agreement to a shorter timeframe) violates the timeline requirement.
What to Do with PWN
When you receive Prior Written Notice, treat it as an important document that deserves careful attention.
Read It Thoroughly: Don't just skim and file it away. Read every section carefully, making note of anything unclear or concerning.
Check the Timeline: Note when you received it and when the proposed ARD meeting is scheduled. If it's less than five school days, you can request additional time or agree to proceed if you feel prepared.
Evaluate the Reasoning: Does the explanation make sense? Is it supported by the data described? Are there important factors the school didn't consider?
Consider Alternatives: Think about whether the alternatives considered were comprehensive. Are there other options the committee should have considered?
Document Your Response: If you disagree with the proposal or refusal, document your concerns in writing. This creates a record of your position.
Prepare Questions: Use the PWN to prepare specific questions for the ARD meeting. "The PWN states you're proposing this change because of X data. Can you show me that data and explain how you arrived at this conclusion?"
Consult Others: Use the five-day window to consult with your child's private providers, advocates, or other advisors. Get their input on the proposal.
PWN and Your Rights
Prior Written Notice works hand-in-hand with other parental rights we've discussed:
It provides the information you need to give or withhold informed consent
It gives you time to consider whether to request an Independent Educational Evaluation
It helps you prepare for meaningful participation in ARD meetings
It creates documentation you might need if you pursue dispute resolution
PWN isn't just a bureaucratic formality; it's a cornerstone of your ability to participate as an equal member of your child's ARD committee.
Moving Forward
Now that you understand the timeline and documentation requirements that frame ARD meetings, we're ready to explore your specific rights when you're actually sitting at that ARD table. Next, we'll discuss your rights to participate, receive information, access records, and give or withhold consent, and how to exercise those rights effectively.
This is Part 7 in our series "Navigating Texas Special Education: Your Essential Guide to ARD Meetings." Next up: Part 8: Your Rights at the ARD Table.
Need a Special Education Advocate to Review Your Prior Written Notice (PWN)?
Get help ensuring your school’s documentation meets legal requirements and that your rights are fully protected under IDEA and Texas law. Learn more about our Special Education and Section 504 Advocacy Services or request a free consultation.
