Prior Written Notice, ESY & Dyslexia Evaluations — Your Questions Answered

It is the last full week of IEP meetings. Karen Mayer Cunningham is answering your live questions — and she is not pulling punches. If the IEP was left vague on purpose, if the district violated a mediated agreement, if you have been told no without a reason — this episode is for you.

Every week inside the Special Education Academy, Karen goes live to answer the questions that parents, advocates, and educators are actually facing — not the easy ones, but the ones that keep you up at night. This session covered some of the most critical topics in special education law, from prior written notice to ESY criteria to why you should stop asking for a dyslexia evaluation.

Here is a breakdown of every major topic covered — with the law behind each answer.

What Is a Prior Written Notice — and What Must It Include?

Prior written notice is one of the most important documents in special education — and one of the least understood. Karen compares it to Sasquatch: you have heard about it, but people rarely see it done correctly.

What to do if you receive an incomplete PWN: Do not tell the district it is wrong. Ask instead — “This document is insufficient. Is this the final prior written notice you are providing us?” That question creates a record without tipping your hand.

Stop Asking for a Dyslexia Evaluation — Ask for This Instead

This is one of the most common mistakes parents make — and it costs their children significant services. When you ask for a dyslexia evaluation, you get a dyslexia evaluation. That is it. But there are four specific learning disabilities in reading, and a child can have any combination of them.

ESY Criteria: You Don’t Get It — You Require It

Extended School Year services are not something a district hands out. They are something a student requires — based on documented evidence. And the two-prong test is specific.

If two students in a class received ESY and your child did not, that is not necessarily a violation — ESY is individualized. But if you believe the determination was wrong, go back to the IEP table and say: “I believe we may have missed something in our last meeting. I would like to address ESY again.”

When a School District Violates a Mediated Agreement

Settlements, mediated agreements, and state complaint resolutions are legal requirements — not suggestions. A school district that was not compliant before you mediated will not become compliant simply because an agreement was signed.

What to do when a district violates a settlement:

• Contact the state education agency and report non-compliance
• Reach back out to the fact finder, hearing officer, or the dispute resolution entity
• Document every instance of non-compliance with dates and details
• Go public if necessary — school board members and leadership respond to accountability
• Consult with a trained advocate — this is exactly what they are trained for

The IEP Was Left Vague on Purpose — Is That Legal?

An IEP is not a living document left open to interpretation. It is a legal contract that specifies exactly what services a student will receive, how often, for how long, in what setting, and by whom. A school that tells a parent the IEP was intentionally left vague has no legal standing for that position. Document it. Put it in the record. And get an advocate involved.

More Questions. The Real Answers.

Can a school district delay an evaluation until next year?

No. When you request an evaluation, the district has 15 days to respond — either granting or denying the request. They may not be required to conduct testing during school breaks, but they cannot legally defer your request to the following school year. If a district tells you they are not doing evaluations in May, document that communication and reach out to your state education agency.

Who is responsible for writing modifications?

Modifications are a special education product — not a general education product. A general education teacher and a paraprofessional are not the appropriate parties to design or deliver modifications. That is the legal responsibility of a certified special educator. If your child’s modifications are being written by a general ed teacher or implemented by a para without special education oversight, that is a compliance issue worth documenting.

What is predetermination — and how do you put it on the record?

Can a school skip IEP implementation for virtual school students?

Karen’s position is clear: virtual school is not an appropriate setting for most students with disabilities. There is no legal mechanism to modify a Zoom session or provide physical accommodations in a student’s living room. If your child with a disability is in a virtual school setting, understand that IEP implementation obligations may not be fully achievable — and that virtual school may not be the best placement for your child’s needs.

Should I ask for a 504 plan or an IEP evaluation?

Always ask for an IEP evaluation. An IEP evaluation will either identify a need for special education services (and open the door for an IEP) or eliminate that possibility — in which case a 504 may be appropriate. Starting with a 504 request can shortcut the evaluation process and leave significant services on the table. Karen says it plainly: 504 plans are good for putting under coasters. Start with the full evaluation.

Frequently Asked Questions