Question about Waive Period for PWNs in Louisiana

[Lisa Lightner]

I got this question on the Facebook page and wanted to move it here because my response got rather lengthy. And, this way we have it as a resource.

A teacher wrote:
 

I have a question for you. The Louisiana Legislature passed a law last August that there must be a 15 business day waiting period for an IEP to take effect from the date the PWN is signed. We tell parents they can initial the PWN to waive that waiting period so services may begin the day of the IEP. AS a generic inclusion teacher, most of my IEPs are straightforward and I have no problem with informing parents they can waive this waiting period.

However, I have had SSCD and autistic classes where students need more support and this makes me uncomfortable to see the push to waive the waiting period become "best practice" among all special education teachers. Am I overreacting? I can think of a student who against his civil rights was put in a an SSCD self contained class from all general education classes due to behaviors. That is one incident where I would advise the family to seek help from the PTI and not waive the waiting period. When he was transferred to my class and I held an amendment meeting, every suggestion I made to support the student in gen ed was shot down by the principal.

[Lisa Lightner]

And my reply: 

 

Nope, you are not overreacting. In fact, you’re spot on—and thank you for caring enough to ask this.

You're right to be cautious. That 15-business-day waiting period was put into place for a reason: to protect parents and give them time to understand, reflect on, and dispute any proposed IEP changes—especially if those changes are significant, like moving a child from general ed to a self-contained setting.

Let’s break this down:

1. Waiving the Waiting Period Is Optional

The law in Louisiana (Act 696, passed in 2023) says that a parent may waive the 15-business-day delay in writing—but they don’t have to. The default is that the IEP does not go into effect until the 16th business day after the parent signs the PWN, unless they explicitly choose to waive it.

✔ So when you see a culture shift where waiving it is treated as “standard” or “best practice,” that’s… not great. It’s not illegal, but it undermines the original intent of the law—to give families breathing room.

2. Big Changes = Big Red Flags

You're right that the waiting period is especially important when:

• The student is being moved to a more restrictive setting (like from gen ed to SSCD).

• There are major behavioral or placement changes being made.

• The parents seem unsure, confused, or overwhelmed.

In those cases, encouraging a parent to waive that protection could cross the line into manipulation—or at the very least, create a situation where parents don't know they’re giving up something important.

3. It’s Not Overreacting—It’s Ethical Advocacy

Teachers like you—who recognize nuance and equity—are exactly what our students need. Saying, “Hey, I know we usually do this, but in this situation, I’d encourage the family to hold off and think it over,” is not overstepping. That’s doing right by the student.

And yes, in a situation like the one you described—where a student with behavior needs was placed in a self-contained setting without parent pushback or a true attempt at supports in gen ed—that’s a clear scenario where you’d absolutely want to preserve that waiting period.

If you're getting pressure from admin or colleagues, you might consider:

• Referring families to Louisiana’s PTI (Families Helping Families); while they still exist anyway; or you can refer them here

• Offering neutral language like: “You do have the option to waive the waiting period, but it’s completely your choice, and it’s there to give you time to ask questions or get clarification.”

• Keeping documentation of cases where you believe the waiver might not be in the best interest of the student.

Bottom line: You’re not overreacting—you’re being exactly the thoughtful, equity-focused educator your students need. Keep doing what you're doing.

[JSD24]

I can also see where the school might need a bit of time to set up the new supports in the IEP.  If a student needs a safety harness on the bus or a 1:1 paraprofessional, you want 15 business days to get things put in place.  If a parent waives the 15 days, is the school now out of compliance with the IEP because the harness didn't arrive the next day?  Are schools allowed to say no - they are unable to start the new IEP immediately given situations like this?

If the parent has been trying to put a support in place, I see the waiver as a way to prevent further delays.  Seems that things like this end up having pros and cons where it should be used when it's an advantage.  My personal thought is to wait 24 hours to have time to think when it comes to things like this.