1342.12 Companion

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1342.12 Companion
July 12, 2017 Page 16
Prior Written Notice (PWN)
(E)4 (S)19 (p) 47-50
The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400 et.seq., and The Provision of
Early Intervention and Special Education Services to Eligible DoD Dependents requires a
school district or agency to provide PWN (information received in writing), to a parent/guardian a
reasonable time before the school district:
PROPOSES or REFUSES to begin or change the identification, evaluation (including re-
evaluation), educational placement, or provision of a free appropriate public education (FAPE)
to a student.
PWN provides clear communication to the student, parent, and school regarding the decisions that have
been made; the basis for those decisions; and the actions that will or will not be taken. The PWN
documents any proposals or refusals with regard to special education matters. PWN will be given to the
parent prior to implementation of proposed actions and prior to the parent signing the IEP. The parent
may want to take a few days to think about the IEP prior to signing the IEP. It is the parent’s decision as
to when they sign the IEP in agreement. An initial IEP cannot go into effect until the parent signs it. For
subsequent IEP changes, the school should seek parental agreement but there is no requirement that a
parent sign an IEP after initial delivery of services.
PWN serves as a record and may be referred to in any number of circumstances, such as subsequent
meetings or dispute resolution situations, or as a clarification and reminder to all parties of
commitments made.
The school district must provide PWN in the native language of the parent or other mode of
communication used by the parent, unless it is clearly not feasible to do so. If the procedural safeguards
notice is not translated into the native language of the parent, then the DoDEA school system shall
ensure that:
1. The notice is translated orally or by other means for the parent in his or her native language or
other mode of communication; AND
2. The parent understands the content of the notice; AND
3. There is written evidence that the requirements above have been met.
PWN is provided when DoDEA initiates an evaluation, finds a student eligible or ineligible for services, or
when DoDEA changes any part of an IEP at an initial IEP, an Annual Review, or an IEP Amendment. Any
parental requests involving identification, evaluation (eligibility), IEP or placement requires a separate
PWN or an additional PWN for each parent request. This is not an exhaustive list.
PWN Content Requirements
The notice must provide:
1. A description of the action proposed or refused by the school;
2. An explanation of why the school proposes or refuses the action;
3. A description of each evaluation procedure, assessment, record, or report the school used as a
basis for the proposed or refused action;
4. A description of any other options that the CSC considered and the reasons why those options
were rejected;
5. A description of any other factors relevant to the school’s proposal or refusal;
6. Information regarding dispute resolution procedures;
7. The following statement: