CONSENT FOR SERVICES

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CONSENT FOR SERVICES

Authorities:  34 CFR Part 300

 
 
 
  FEDERAL AND STATE REQUIREMENTS
Practice
The local educational agency (LEA) must comply with the PARENT and the ADULT STUDENT AND TRANSFER OF RIGHTS frameworks, as appropriate.
Practice
The LEA must comply with the PRIOR WRITTEN NOTICE framework.
Document
The LEA must obtain informed consent from the PARENT before initially providing special education and related services to the child. Citations:
300.300(b)(1)
 
ELEMENTS OF CONSENT FOR THE INITIAL PROVISION OF SERVICES
Practice
The informed consent that the LEA must obtain before the initial provision of special education and related services means: Citations:
300.9
300.300(b)(1)
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  • The parent has been fully informed of all information relevant to the initial provision of special education and related services in his or her native language or other mode of communication;
 Citations:
300.9(a)
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  • The consent describes the initial provision of special education and related services;
Citations:
300.9(b)
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  • The consent lists the records, if any, that will be released and to whom;
 Citations:
300.9(b)
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  • The parent understands and agrees in writing to the carrying out of the initial provision of special education and related services;
 Citations:
300.9(b)
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  • The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime;
Citations:
300.9(c)(1)
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  • If the parent revokes consent, that revocation is not retroactive; therefore, it does not negate an action that has occurred after the consent was given and before the consent was revoked; and
 Citations:
300.9(c)(2)
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  • If the parent revokes consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services, the LEA is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.
Citations:
300.9(c)(3)
 
WHEN DESPITE REASONABLE EFFORTS, CONSENT IS NOT OBTAINED FOR THE INITIAL PROVISION OF SERVICES
Practice
The LEA must make reasonable efforts to obtain informed consent for the initial provision of services. Citations:
300.300(b)(2)
300.300(d)(5)
300.322(d)
Practice
If the parent refuses to respond or refuses to consent to the initial provision of special education and related services, the LEA: Citations:
300.300(b)(3)
Practice
  • May not use the Notice of Procedural Safeguards, including the mediation or the due process procedures, in order to obtain agreement or a ruling that services may be provided to the child;
 Citations:
300.300(b)(3)
Practice
  • Will not be considered to be in violation of the requirement to make available a free appropriate public education (FAPE) to the child because of the failure to provide the child with the special education and related services for which the LEA requests consent; and
Citations:
300.300(b)(3)(ii)
Practice
Citations:
300.300(b)(3)(iii)
 
WHEN CONSENT FOR THE CONTINUED PROVISION OF SERVICES IS REVOKED
Practice
Revocation of consent by a parent for the continued provision of special education and related services must be in writing. Citations:
300.300(b)(4)
Practice
If, at any time subsequent to the initial provision of special education and related services, the parent of the child revokes consent for the continued provision of special education and related services, the LEA: Citations:
300.300(b)(4)
Practice
  • May not continue to provide special education and related services to the child;
 Citations:
300.300(b)(4)(i)
Practice
  • Must provide PRIOR WRITTEN NOTICE before ceasing the provision of special education and related services;
 Citations:
300.300(b)(4)(i)
Practice
  • May not use the Notice of Procedural Safeguards, including the mediation procedures or the due process procedures, in order to obtain agreement or a ruling that the services may be provided to the child;
 Citations:
300.300(b)(4)(ii)
Practice
  • Will not be considered to be in violation of the requirement to make a FAPE available to the child because of the failure to provide the child with further special education and related services; and
 Citations:
300.300(b)(4)(iii)
Practice
Citations:
300.300(b)(4)(iv)
  Last Updated : Wed, Apr 05, 2023