Prior Written Notice (PWN) Explained — Georgia

What Is Prior Written Notice in a Georgia IEP — and Why Does It Matter?

If you've ever received a letter from your child's school saying they plan to change (or refuse to change) something about your child's special education services, you've already seen a prior written notice IEP Georgia document — even if it wasn't labeled that way. Prior Written Notice, often shortened to PWN, is one of the most powerful parent rights built into federal special education law, and understanding it can make a real difference for your child.

This guide explains what PWN is, when Georgia schools are required to send it, what every notice must contain, and what you can do if something doesn't look right.

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The Legal Foundation: Where Does PWN Come From?

Prior Written Notice is not a Georgia invention — it is a federal right rooted in the Individuals with Disabilities Education Act (IDEA):

• 20 U.S.C. § 1415(b)(3) and (c)(1) establish the parent's right to receive prior written notice.
• 34 C.F.R. § 300.503 spells out exactly what information each PWN must contain.

Georgia schools must follow both federal law and state rules published in the Georgia Department of Education's special education regulations.

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What Triggers a Prior Written Notice?

A school district in Georgia must send you a PWN any time it proposes or refuses to take action related to:

• Identification — deciding your child does or does not have a disability
• Evaluation — conducting, changing, or declining to conduct any assessment
• Educational placement — where your child is educated (general education classroom, resource room, self-contained class, private day school, etc.)
• Provision of a Free Appropriate Public Education (FAPE) — adding, changing, or removing any service, support, or accommodation in your child's IEP (20 U.S.C. § 1401(9); 34 C.F.R. § 300.17)

Key word: any action. This means PWN is required both when the school wants to do something and when you ask for something and the school says no.

Common situations that should trigger a PWN in Georgia:

• The school recommends moving your child from a self-contained classroom to a general education setting (or vice versa)
• You request an initial evaluation and the school agrees — or declines (20 U.S.C. § 1414(a)(1); 34 C.F.R. § 300.301)
• The IEP team proposes removing a related service (such as speech therapy or occupational therapy)
• You ask for an additional service and the school says no
• The school wants to change your child's eligibility category

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What Must a Georgia PWN Include?

Under 34 C.F.R. § 300.503, every Prior Written Notice must contain all six of the following elements. A notice missing any of these is incomplete:

1. A description of the action proposed or refused — stated clearly enough that you understand exactly what the school wants to do or is declining to do.
2. An explanation of why the school proposes or refuses that action — the reasoning matters. Vague language like "based on team discussion" is not sufficient.
3. A description of each evaluation procedure, test, record, or report the school used as the basis for its decision.
4. A statement of any other options the IEP team considered and the reasons those options were rejected — this protects you from rubber-stamp decisions.
5. A description of any other factors relevant to the proposal or refusal.
6. Sources of information where you can learn more about your rights, including information about how to obtain a copy of Georgia's Procedural Safeguards Notice.

The notice must be written in language you can understand, and if English is not your primary language, the district must take steps to ensure you understand the contents.

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Prior Written Notice and Georgia's Evaluation Timeline

PWN connects directly to the evaluation process. When you submit a written request for an initial evaluation, the school must respond with a PWN telling you whether it agrees to evaluate or is refusing — and why.

If the school agrees to evaluate, Georgia state rules require the evaluation to be completed within 60 calendar days of receiving your written consent (Ga. Comp. R. & Regs. 160-4-7-.04). Knowing you are entitled to a PWN at the start of this process helps you track that timeline and hold the school accountable to it.

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How to Read a PWN You've Received

When a PWN arrives — by mail, email, or handed to you at an IEP meeting — slow down and read it carefully before signing anything. Ask yourself:

• Is the proposed action described clearly? You should be able to explain it to another person in plain language.
• Does the reasoning make sense? The "why" should connect directly to your child's data and needs, not just say "the team feels…"
• Were alternatives actually considered? The notice should list options the team looked at and explain why each was rejected.
• Do you agree? You do not have to accept a proposal. Your written consent is required for evaluations; for IEP changes, you have the right to disagree and request mediation or a due process hearing.

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What to Do If Something Seems Wrong

If you receive a PWN and something doesn't sit right, here are constructive steps:

• Write back promptly. Send a dated email or letter to the special education director expressing your concern and asking for clarification. Written communication creates a clear record.
• Request a meeting. You have the right to request an IEP meeting at any time to discuss your concerns.
• Ask for a copy of all records used. The PWN must list the evaluations and data the school relied on. You have the right to review those records.
• Contact Georgia's Parent Training and Information Center (GPAT). GPAT offers free support to Georgia families navigating special education.
• Consult the Georgia Procedural Safeguards Notice. This document, which the school must provide, explains all of your rights under IDEA in detail.
• Seek guidance from a qualified special education advocate or attorney — especially if the school has refused an evaluation, proposed a significant placement change, or you believe your child's rights have been violated. An advocate or attorney can help you understand your options without turning the relationship with the school adversarial.

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What If the School Never Sent a PWN?

If a school makes a change to your child's services or placement without first sending a PWN, that is a procedural concern worth addressing — calmly and in writing. Start by asking the special education coordinator to provide the PWN in writing. Document your request with a date. If the school continues to take action without proper notice, a special education advocate or attorney can help you understand your next steps.

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A Few Important Reminders

• PWN is not the same as consent. For evaluations, the school needs your written consent to proceed. For most IEP changes, the school may be able to implement changes after providing PWN even if you disagree — which is why responding promptly in writing matters.
• PWN is not a form letter. Each notice should be specific to your child and the exact decision being made.
• You can request a PWN. If you ask for something at an IEP meeting — a new service, an evaluation, a placement change — and the school verbally says no, you can and should ask for that refusal in a written PWN.

Understanding Prior Written Notice puts you in the driver's seat. When you know what to expect and what to look for, you can engage with your child's school as an informed, confident partner — and that almost always leads to better outcomes for kids.