Parent or Student Consent

Definition of Parent:

A parent means:

• A biological or adoptive parent of a child

• A foster parent, unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent

• A guardian is generally authorized to act as the child's parent or authorized to make educational decisions for the child (but not the state if the child is a ward of the state)

• An individual acting in the place of the biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare, or

• A surrogate parent who has been appointed per CMCSS policy

Foster Parent Information:

A foster parent may act as a parent if the biological or adoptive parent's authority to make educational decisions on the child's behalf has been terminated under Tennessee law, and the foster parent:

• Has an ongoing relationship with the child for more than one year in duration

• Is willing to make the educational decisions required of parents under the law, and 

• Has no interest that would conflict with the interest of the child. 

Initial Evaluation:

When a parent requests an initial evaluation in writing, or the CMCSS refers a child for an initial evaluation, CMCSS must obtain informed written consent from the parent before the evaluation can begin and must give the parent prior written notice 10 school days before the evaluation is to begin. The prior written notice must include a description of the actions proposed or refused by CMCSS and the reasons for the proposal or refusal. If the parent is in agreement with the actions proposed, the evaluation may begin sooner than 10 school days. The prior written notice may be given to the parent at the conclusion of an evaluation team meeting or, if a meeting is unnecessary because CMCSS agrees with the initial evaluation request, it may be given directly to the parent. If the CMCSS refuses a parent’s request for an initial evaluation, it must provide the parent with a prior written notice which must include an explanation of why the CMCSS refused the request. Thereafter, the parent may request a due process hearing proposing that the child be evaluated.

The Certifying Specialist will generate an Initial Consent for Eligibility Evaluation form and a Prior Written Notice. Once signed consent is returned, the Certifying Specialist will enter the Referral Date and Initial Consent for Eligibility Evaluation Received Date into TNPULSE. This will trigger the 60 calendar-day evaluation timeline. All evaluations must be completed and an eligibility meeting must be held by this due date. The Special Education Case Manager will be responsible for scheduling the eligibility meeting, creating the Invitation to a Meeting document, and the Prior Written Notice for this meeting. 

Special rules for initial evaluation of wards of the state If the child is a ward of the state and not living with his/her parent--- The school district does not need consent from the parent for an initial evaluation to determine if the child is a child with a disability if: 

1. despite reasonable efforts to do so, the school district cannot find the child’s parents; 

2. the rights of the parents have been terminated in accordance with state law; or 

3. a judge has assigned the right to make educational decisions and to consent for an initial evaluation to an individual other than the parent. Ward of the State, as used in the IDEA, means a child who is: 

1. a foster child; 

2. considered a ward of the state under state law; or 

3. in the custody of a public child welfare agency. 

Reevaluation:

When CMCSS proposes to conduct additional evaluations of a child, or a reevaluation is required for a child, CMCSS must give the parent a prior written notice 10 school days before the evaluation is to begin. If additional assessments or testing are necessary for reevaluation, informed written consent must be obtained from the parent. The prior written notice must include a description of the actions proposed or refused by CMCSS and the reasons for the proposal or refusal. The prior written notice may be given to the parent at the conclusion of the IEP team meeting.

Parental consent for reevaluation is not required when CMCSS can demonstrate:

• we took reasonable steps to obtain parental consent, and

• the parent did not respond. 

CMCSS must maintain documentation of reasonable efforts to obtain parental consent for initial evaluations, to provide special education and related services for the first time, for reevaluation and to locate parents of wards of the state for initial evaluations. The documentation must include a record of the school district’s attempts in these areas, such as: 

1. detailed records of telephone calls made or attempted and the results of those calls; 

2. copies of correspondence sent to the parents and any responses received; and 

3. detailed records of visits made to the parent’s home or place of employment and the results of those visits .

Case Managers in collaboration with Certifying Specialists are responsible for scheduling reevaluation meetings. Case Managers and Certifying Specialists should enter 3 different attempts/types of contacts (i.e., phone call, email, certified letter) in the Contacts section of EasyIEP. Teams may proceed with the reevaluation meeting without parental involvement once these efforts to include the parent have been exhausted.

Teams may also proceed with testing without parental consent in this scenario; however, the Case Manager must send all documentation (i.e., reevaluation summary report, prior written notice, etc.) home to the parent with a demarcation requesting consent. 

Consent for Placement:

Parents must also consent to the provision of special education services before they may begin. This is documented in the Informed Parental Consent section of the student's IEP.