4.  Consent and Parental Revocation of Consent

Consent for Special Education services, including consent for evaluation and reevaluation, consent for initial placement, and placement determination, must be obtained through informed written consent from the parent or adult student before provision of services.

• Consent for initial evaluation may not be construed as consent for the initial provision of special education and related services.

• Reasonable efforts must be made to obtain informed consent from the parent for an initial evaluation to determine a child's eligibility for special education services.

• If a parent does not provide consent for an initial evaluation, does not respond to a request for consent for an initial evaluation, or revokes consent for initial evaluation, cease action.

• If a parent or adult student does not respond or refuses to provide consent for initial provision of special education and related services or revokes consent for the initial provision of special education and related services, the district may not seek to provide special education and related services to the child by using mediation or due process hearing procedures.

If a parent or adult student refuses to grant consent for initial provision of special education and related services, does not respond to a request to provide such consent, or revokes consent for the initial provision of special education and related services:

• The district will not be considered to be in violation of the requirement to make available a free appropriate public education to the child for the failure to provide the child with the special education and related services for which the school district requests consent; and

• The district is not required to convene an IEP meeting or develop an IEP for the child for the special education and related services for which the school district requests consent.

• If at any time following the initial provision of special education and related services, the parent or adult student revokes consent in writing for the continued provision of special education and related services, the school district:

• May not continue to provide special education and related services to the student.

• Must provide prior written notice before ceasing the provision of special education and related services; and,

• The district is not required to amend the student’s education records to remove any references to the student’s receipt of special education and related services because of the revocation of consent.  

The district will send an annual "Stand Ready" to serve letter to inform parents, and adult students of their right to re-evaluation for Special Education eligibility and services if eligibility is re-established.