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Prior Written Notice (PWN) Checklist





        When to Provide PWN:
            Written notice must be given whenever a public agency:
              •  Proposes or refuses to initiate or change:
               >   the identification;
               >   evaluation;
               >   educational placement; or
               >   the provision of FAPE.
            (34 C.F.R. § 300.503(a).)

        PWN Must Be:
            (1)  Written in language understandable to the general public; and
            (2)  Provided in the native language or other mode of communication used by the parent, unless it is clearly not feasible
               to do so.

        PWN Must Include:
               Description of Action Proposed or Refused
               Example: “The District received your request for one-to-one aide support to be provided throughout the school day.
               For the reasons explain herein, that request is denied.”
               Explanation of Decision
               Example: “The information available to the District at this time does not establish your child requires the support of
               a one-to-one aide in order to access and benefit from his educational program.  He is currently making appropriate
               progress towards his goals with the supports outlined in his IEP.  The team is also concerned he might become overly
               dependent on adult support with the level of restrictive service you requested.”

               Basis for Decision
               Example: “In reaching this decision, the District considered your child’s assessments, IEPs, report cards and progress
               reports, and all available input from Parents, service providers, and staff.”
               Best Practice Tip: Whenever practicable, cite to specific records/information reviewed.
               Description of Other Options Considered
               Example: “In addition to your request for one-to-one aide support, the District considered whether a more restrictive
               placement might be needed; it was determined, based on all currently available information,  that it would be overly
               restrictive at this time.”

               Notice of Procedural Safeguards
               Example: “As a parent of a child with a disability, you are entitled to certain procedural safeguards under the IDEA,
               including this prior written notice.  For your convenience, we have enclosed here notice of these procedural safeguards.”
               Information Regarding Sources for Assistance
               Example: “If you require assistance in understanding your procedural safeguards, you can contact:
               California Department of Education, 1430 N Street, Sacramento CA, 95814-5901.”
               Best Practice Tip: We also recommend including your SELPA contact information.
            (34 C.F.R. § 300.504(b)(c).)

            DISCLAIMER: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not
            constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
            Copyright © 2021 Lozano Smith - All rights reserved. No portion of this work may be copied, or sold or used for any commercial advantage or private gain, nor any derivative work prepared
            there from, without the express prior written permission of Lozano Smith through its Managing Partner. The Managing Partner of Lozano Smith hereby grants permission to any client of
            Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. – Last Rev. November 3, 2021
        Prior Written Notice Checklist                                                 LozanoSmith.com
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