Prior Written Notice (PWN): PRIOR WRITTEN NOTICE and BIP

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Kay:  My school district refuses to give me PWN unless I sign the IEP amendment first. I told the school special ed. county supervisor- who is the one who refused to give me the PWN- that I cannot sign anything unless I read what they wrote first. The school refuses to give me PWN. The reason we had an IEP amendment was to review the new BIP on my daughter. The IEP team also refuses to allow the BIP to be part of the IEP. I contacted the VDOE and they said that I need to call another IEP meeting to discuss this. I have contacted the county but I am being ignored. I bring an advocate to meetings each time and I feel that they’re playing hard ball with us. The meetings are only allowed for 1 hour and during my working hours. I have already taken off so many times that I’m afraid this will be an issue at work. We think it is time for a state complaint but I read in your website that this may not be the best way to go.

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Melissa A.
04/06/2016 2:39 pm

Request a meeting. When you make your request (which is in writing, of course), include a statement that you believe that a minimum of X amount of time will be necessary to cover the topic.

The school is required to schedule the meeting at a time that is “convenient” for you, but only so far as that means during normal school hours, which for most working parents is never convenient. You can request to have the meeting during your lunch hour, or during the first hour of the school day, to minimize impact on your work. You can also, as Sharon suggested, participate via teleconference.

As far as them not providing PWN, that’s baloney. They are required to provide PWN BEFORE suggesting any changes to the IEP. That means before they hand you the amendment. After all, the P is for Prior.

10/17/2019 4:04 pm
Reply to  Melissa A.

Thank you .you have answered one of my q about PWN .
One more where do placement changes or the specifics of a placement changes legally are to be provided to the patent?
A in a unilaterally rewritten iep that fits the IEP to the placement choice?
B that is one of the uses for prior written notices
Provided in IDEA
Please help I cannot find enough references on the subject
Thanks everyone
Cathy For Emily in OCCa.

Sharon L.
03/28/2016 7:52 pm

You do not have to sign anything to get a PWN. In fact a refusual to sign should be followed up by a PWN. I have actually hand written my refusal on every page of the IEP before and then signed in the area where it states refuse to accept the IEP. AT that point I believe they will have no choice but to provide you with a PWN. I agree that you need to have another IEP meeting and you can do that over the phone now on conference phone which may help with work. I understand how frustrating it can be but hold your ground. You have a right to do what you are doing.

03/28/2016 3:38 pm

I’ve run into similar situations with families I help. My suggestion is to go ahead and sign the IEP, and write in that the school is refusing PWN and that you are in dispute over it. Take a picture of it with your phone for your records. I also encourage parents to do everything they can to get along with the school but if they are not cooperating and your child’s needs are not being met then it might be time to look at mediation and/or complaints.