When special education teams make decisions about any aspect of the Special Education Process that will cause a change for the student - that triggers the team’s obligation to provide the parents with Written Prior Notice (WPN) before the proposal or refusal is implemented.
WPN has been included in the Federal Special Education laws since 1977 without change in all the ensuing years.
The written notice to the parents is to provide them with the reasoning that the team used in coming to conclusions while at team meetings. Even though the parents are present at these meetings, the team still has this obligation. The notice must be given a reasonable time, but not less than 14 days before the team proposes or refuses to make changes in referral, evaluation, determination of eligibility, Individualized Education Program, placement, or the provision of a Free Appropriate Public Education (FAPE).
The components of WPN are:
Once parents receive this written notice they have 14 calendar days to respond regarding the proposal or refusal. The parents responses can include agreement in whole or in part, refusal, a request for more information or for another meeting to further discuss the proposal or refusal. If the parents disagree one of the Alternative Dispute Resolution methods can be used to resolve the difference of opinion.
If, 14 calendar days after the sending of the WPN, the parents do not respond at all to the proposal or refusal, the school may implement the proposed changes if the school has taken reasonable measures to obtain informed written consent from the parent (s).