Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

Parent Rights

Prior Written Notice in Special Education: What It Is and Why It Matters

Every time the school proposes or refuses to change your child's evaluation, eligibility, placement, or IEP, they must give you a Prior Written Notice. This document is your paper trail.

Meghan Moore, BCBA, M.A. Special Education

What IDEA Says About Prior Written Notice

IDEA's Prior Written Notice requirement is one of the most important procedural protections in special education law. Under 34 CFR 300.503, a school must provide written notice to parents a reasonable time before the school proposes or refuses to:

Initiate or change the identification, evaluation, or educational placement of a child
Provide a free appropriate public education (FAPE) to a child

In plain terms: any time the school wants to do something new with your child's special education program, or any time the school refuses something you asked for, they must put it in writing and give it to you before acting.

What a PWN Must Include

IDEA specifies the required content of every Prior Written Notice. A valid PWN must include:

A description of the proposed or refused action. What exactly is the school proposing to do, or refusing to do?
An explanation of why. The school must state the reasons for the proposed action or refusal.
A description of the evaluation procedures, assessments, records, or reports used. What data or information did the school rely on to make this decision?
A description of other options the team considered and why those options were rejected. What alternatives did the team look at and why were they not chosen?
Other relevant factors. Any other factors the school considered.
Sources for obtaining assistance. Information about where parents can get help understanding their rights, including the state's special education contact and any parent training centers.

When Schools Must Send a PWN

The trigger is any proposed or refused change. Common situations that require a PWN include:

The school proposes to evaluate your child for special education
The school proposes to change your child's eligibility category
The school proposes to change your child's placement (more or less restrictive)
The school proposes to add, remove, or change services in the IEP
You request an evaluation and the school refuses
You request additional services and the school refuses
You request a change in placement and the school refuses
The school proposes to exit your child from special education

Why PWN Matters to You as a Parent

PWN creates a paper trail. If the school later claims they told you something verbally at a meeting, or if you later need to file a complaint or due process hearing, the PWN documents what the school actually decided and why.

A PWN with vague or missing content is itself a violation. A school that simply says "we reviewed the data and decided X" without explaining what data, what the decision was based on, and what alternatives were considered has not met the IDEA standard. You can use a deficient PWN as evidence of a procedural violation.

How to Request a PWN

If the school is proposing or refusing something and has not provided a PWN, send a written request. Keep it simple:

"I am writing to request Prior Written Notice, as required under IDEA 34 CFR 300.503, for the school's [proposed/refused] action regarding [describe what they said they will or will not do]."

If the school still does not provide one, document every attempt and consider filing a state complaint with your state education agency. Failure to provide PWN is a procedural violation under IDEA that can be raised in due process.

PWN Is Not the Same as Your Consent

PWN is notice, not consent. The school can send a PWN describing a proposed change and then implement that change even if you do not agree with it, in most circumstances. Your use is to respond to the PWN in writing, state your disagreement, request an IEP meeting, or initiate a dispute resolution process.

The exception is when your written consent is specifically required, such as for initial evaluations and initial placements in special education. In those cases, the school cannot act without your signature.

Frequently Asked Questions

What is Prior Written Notice?

Prior Written Notice (PWN) is a written document the school must provide whenever it proposes or refuses to initiate or change the identification, evaluation, educational placement, or provision of FAPE for a child. It must explain what action is proposed or refused, why, and what other options were considered.

When must a school provide Prior Written Notice?

Schools must provide PWN before any proposed change to your child's special education program, before refusing any action you requested, and before initiating or changing identification, evaluation, placement, or IEP services. It must be provided within a reasonable time before the proposed action.

What should a Prior Written Notice include?

A PWN must include a description of the action proposed or refused, an explanation of why the school is proposing or refusing the action, a description of each evaluation procedure or other factor used in making the decision, a description of other options the team considered and why they were rejected, and sources for parents to obtain help understanding their rights.

What do I do if the school won't provide a Prior Written Notice?

Request one in writing. State that you are requesting Prior Written Notice as required by IDEA for the proposed or refused action. If the school continues to refuse, this is itself a procedural violation you can raise in a state complaint or due process hearing.