If the school told you no out loud, you're entitled to that answer in writing. It's called prior written notice. The school must send it when it refuses, or proposes, to start or change your child's evaluation, eligibility, placement, or IEP (Individualized Education Program) services. The notice has to explain the decision and the reasons behind it.
This guide covers what the notice must contain and how to use it to plan your next request.
What is prior written notice, and when does the school have to send it?
Prior written notice comes from the Individuals with Disabilities Education Act (IDEA), the federal special education law. An IEP is the written plan a public school builds for a child who qualifies under IDEA.
The rule itself is 34 CFR 300.503, the federal prior written notice regulation. It says the school must give you written notice "a reasonable time" before it proposes or refuses to start or change any of these:
- Identification: whether the school considers your child to have a disability
- Evaluation: the testing and review used to decide what your child needs
- Educational placement: where and how your child is taught
- FAPE: the free appropriate public education your child receives. FAPE means the special education and related services a public school must provide at no cost to you.
The word that matters most here is "refuses." The notice covers a yes and a no. If you ask for an evaluation or a service and the school turns it down, it owes you prior written notice of that refusal. The Center for Parent Information and Resources (CPIR) explains this in its page on your right to receive prior written notice.
Say you emailed the school in October asking for a reading evaluation. At pickup, the principal mentions the team doesn't think testing is needed. That's a decision, and it calls for prior written notice. If a school gives you a decision only out loud, CPIR notes you can ask for prior written notice in writing.
Refusals often sound like everyday comments. A school might decline to evaluate because your child's grades look fine. It might suggest you wait and see about a speech delay. Or it might turn down a request because there's no medical diagnosis yet. Each one is a refusal, and each one should come with written notice.
What must a prior written notice include?
The federal rule lists seven required items. The U.S. Department of Education publishes a model prior written notice form that shows the required content. Your school's form may look different, but it should cover all seven.
One item mentions procedural safeguards. These are the rights IDEA gives parents, and the notice has to tell you how to get a written copy of them.
The notice must include | What to look for as a parent |
|---|---|
A description of what the school proposes or refuses to do | Your actual request, named clearly. "Reading evaluation" tells you more than "request reviewed." |
An explanation of why | A reason tied to your child, not only a general statement |
Each evaluation, assessment, record, or report the school used to decide | Specific reports you can recognize. If something you expected isn't listed, note it. |
A statement that you have protections under IDEA's procedural safeguards, and how to get a copy | Clear directions for getting the safeguards document if you don't have one |
Sources you can contact for help understanding your rights | At least one place you can reach out to for help |
Other options the IEP team considered and why they were rejected | Whether your own suggestion appears, along with a reason |
Any other factors that were part of the decision | Anything else the team weighed. If a point came up in conversation and it's missing, write it down. |
A thin notice is worth a second read. If the "why" is one line, or no records are listed, those gaps become your questions for the next conversation.
What if the notice is hard to read or isn't in my language?
Under 34 CFR 300.503, the notice must be written in language the general public can understand. You shouldn't need a background in education to follow it.
It must also be in your native language or other mode of communication, unless that's clearly not feasible. If your language isn't a written language, the school must translate the notice orally. It must make sure you understand it and keep written proof that it did.
You can ask the school to explain any part you don't follow. Questions about the notice are a normal part of the process, and they help everyone stay clear on what was decided.
Does prior written notice change the school's decision?
No. Prior written notice explains a decision, but it doesn't reverse it, and receiving one doesn't mean the school will change course.
What it does give you is a clear record in the school's own words. You can see which reports the team relied on and whether it considered other options. That's much easier to respond to than a conversation you're trying to remember a week later.
If you disagree, the procedural safeguards notice explains the formal options for resolving it. You can also ask for a follow-up meeting and bring questions straight from the notice. Our parent's checklist for IEP meetings covers what to bring and ask.
What this means for you
- Ask for it in writing if you only got a verbal no. CPIR's Requesting prior written notice page includes a model letter you can adapt.
- Check the notice against the table above. Mark any of the seven items that's missing or vague.
- Keep it with your records. Store it alongside your child's evaluations and emails. Our guide to IEP paperwork and what to keep shows how to set up that folder.
- Learn your state's rules. Use CPIR's directory to find your state's Parent Training and Information Center, which can explain how prior written notice works where you live.
- Plan your next ask. Use the school's stated reasons to decide what information to gather or request. If you're not sure whether an IEP or a 504 plan fits your child better, try our IEP vs. 504 check.
FAQ
The school said no at a meeting. Do I still get a written notice?
Yes. A refusal made in a meeting is still a refusal, and it calls for prior written notice. If it doesn't arrive, ask for it in writing using CPIR's model letter.
How long does the school have to send prior written notice?
Federal law says "a reasonable time" before the school acts, and it doesn't set a number of days. Some states may set their own timelines. Your state's Parent Center can tell you what applies where you live.
Is an email from the teacher the same as prior written notice?
What matters is whether it covers the seven required items. If the email just says no, you can ask for prior written notice that includes the reasons and the records the school used.
Do I need an advocate to read the notice?
No. Many parents read and respond on their own. If you'd like a second set of eyes, our guides on when to bring in a special education advocate and what an education advocate does at an IEP meeting explain how that works.
Turnout is not a law firm and does not provide legal advice or legal representation.
It's your turn
If the school's answer left you with more questions than clarity, a Turnout education advocate can go through the notice with you and help you plan what to ask for next. Start with a free case review. It's available in all 50 states, and there's no pressure to move forward after.