Your Right to Consent to Activities Involving Your Child

You must give informed, written consent before your child’s first special education assessment can proceed and before the District can provide special education services to your child. If you refuse to consent to the initial provision of services, the District cannot override your lack of consent and is not in violation of the law if it fails to provide the services offered.

In the case of reassessments or reevaluations, the District will make reasonable attempts to obtain your consent. If you do not respond to these reasonable attempts, the District may proceed with the reassessment without your consent. If you refuse to consent, the District may request a due process hearing to obtain an order from an administrative law judge allowing for an evaluation without parental consent. However, the District cannot override your lack of consent if you have enrolled your child in a private school at your own expense or if you are homeschooling your child.

There are other times when the District will seek your consent. For example, before releasing your child's educational records to your representative, the District will need your written consent. In this case, the District will list what records will be released and to whom. The District will only ask for your consent to activities specified under the law.

When you give your consent, it means:

• You have been fully informed of all relevant information in your primary language or other modes of communication.

• You understand what is being requested and agree that the District may carry out the activity for which it is seeking consent.

• You understand that giving your consent is voluntary and that you can change your mind at any time.

The District is not required to obtain your consent before reviewing existing data as part of your child’s evaluation or reevaluation or when giving your child a test that is given to all children unless consent is required from all parents.

Your school may not use your refusal to consent to one service or activity to deny you or your child any other service, benefit, or activity.