IEP Preparation & Why a Complete Prior Written Notice (PWN) Matters

1) Build your evidence file

• Outside professionals: You may invite “other individuals who have knowledge or special expertise regarding the child” to the IEP meeting (your invite determines their expertise). That can include clinicians, therapists, advocates, or specialists. :contentReference[oaicite:1]{index=1}
• Medical & clinical records: Evaluations must be comprehensive; teams must **review existing evaluation data**, including “evaluations and information provided by the parents.” Bring recent reports and summaries. :contentReference[oaicite:2]{index=2}
• School data: Gather grades, IEP progress reports, benchmark and state test scores, discipline data, attendance, FBAs/BIPs, and progress-monitoring charts. IDEA requires multiple measures and trained personnel for evaluations. :contentReference[oaicite:3]{index=3}
• Parent input: By regulation, IEP development must consider the child’s strengths, **the parents’ concerns**, recent evaluation results, and needs—draft your concerns in bullet points and submit them. :contentReference[oaicite:4]{index=4}

2) Know your participation rights

Districts must ensure parents can attend and participate (notice early enough, mutually agreed time/place; phone/video if needed). If you cannot attend, the agency must use other methods to ensure participation. :contentReference[oaicite:5]{index=5}

You can also invite your child (as appropriate) and, for transition planning, outside agencies with consent. :contentReference[oaicite:6]{index=6}

3) Keep the focus: FAPE, IEP content, and LRE

An adequate IEP must include present levels (PLAAFP), measurable goals, special education and related services (with frequency, location, and duration), supplementary aids/services, assessment participation, and transition planning when required—aligned to data. :contentReference[oaicite:7]{index=7}

Placement must be in the Least Restrictive Environment (LRE)—educated with nondisabled peers to the maximum extent appropriate, with a required continuum of placements if supports in general education are insufficient. :contentReference[oaicite:8]{index=8}

4) Prior Written Notice (PWN): your paper trail

The district must give you PWN a reasonable time **before** it **proposes** or **refuses** to change identification, evaluation, placement, or FAPE. The notice must include: (1) what action is proposed/refused; (2) why; (3) data relied on; (4) options considered and why rejected; (5) other relevant factors; (6) procedural safeguards; and (7) sources to contact for help. :contentReference[oaicite:9]{index=9}

5) Common pushbacks — and how to respond

“No educational need” because the child is passing classes

Passing grades alone are not the standard. Under Endrew F., an IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” Bring data on functional, behavioral, reading-rate/accuracy, language, or access barriers—progress must be meaningful, not merely minimal. :contentReference[oaicite:10]{index=10}

“He/She is progressing, so services aren’t needed”

Teams must review existing data and consider parents’ information in revising the IEP. If data show insufficient progress toward goals or access barriers (e.g., in noisy classrooms), the IEP must be revised with appropriate services and supports. Ask the district to identify the **data** it relies on and to issue a PWN if it refuses changes. :contentReference[oaicite:11]{index=11}

“Not needed for FAPE” while LRE wasn’t analyzed

LRE requires considering **supplementary aids/services** and the **continuum**; removal from general education is appropriate only when education there cannot be achieved satisfactorily with supports. If the record doesn’t show that analysis, ask for it or request a written refusal with PWN documenting the LRE reasoning. :contentReference[oaicite:12]{index=12}

6) Predetermination watch

The IEP must be developed with meaningful parent participation; decisions cannot be made by policy or pre-meeting determinations. Federal courts have found **predetermination** where districts effectively made decisions before the meeting or had blanket policies against certain programs/services. See, e.g., Deal v. Hamilton County Bd. of Ed. (6th Cir. 2004). :contentReference[oaicite:13]{index=13}

• Ask: “What options did the team consider? Why were they rejected?” (These answers belong in PWN.) :contentReference[oaicite:14]{index=14}
• Bring your expert/advocate; the inviting party decides the person’s “special expertise.” :contentReference[oaicite:15]{index=15}
• If you hear “we don’t do that here,” request the written policy and a PWN refusing your proposal with data-based reasons. :contentReference[oaicite:16]{index=16}

7) Meeting checklist (print and bring)

• Your bullet-point parent concerns for the IEP (education, access, safety, behavior, communication). :contentReference[oaicite:17]{index=17}
• Outside evaluations, therapy notes, and a one-page summary of key findings. :contentReference[oaicite:18]{index=18}
• Recent progress data (grades, progress reports, reading probes, behavior charts) and questions about **rate of progress** vs. goals. :contentReference[oaicite:19]{index=19}
• Names/titles of any invited experts (clinician/advocate) and their role. :contentReference[oaicite:20]{index=20}
• Specific proposals (service minutes, placement, AT, accommodations) written out; ask the district to respond to each proposal in the PWN. :contentReference[oaicite:21]{index=21}
• Request that any refused proposal be documented with data and alternatives considered (again, in the PWN). :contentReference[oaicite:22]{index=22}