Procedural Safeguards: Consent
The district will obtain informed, written parental consent before:
- Conducting an initial evaluation
- Providing initial special education and related services to a student; and
- Conducting a reevaluation
Parental consent is not required to review existing data as part of an evaluation or reevaluation, or to administer a test or other evaluation that is administered to all students unless consent is required of all students’ parents.
Informed consent means that the parent or adult student:
- Has been fully informed of all information that is relevant to the activity for which the district is asking consent, and that the information is provided in his or her native language or other mode of communication, if appropriate as determined by the school team and/or requested by the parents unless it is clearly not feasible to do so.
- Understands and agrees in writing to the activity for which consent is sought and the consent describes the activity and lists any records which will be released and to whom; and any records that will be requested and from whom; and
- Understands that the granting of consent is voluntary and may be revoked at any time. If consent is revoked, the revocation does not undo an action that occurred after the consent was given and before the consent was revoked .
The district may not use a parent’s refusal to consent to one service or activity to deny the parent or child any other service, benefit or activity of the district.
If the district is unable to obtain a parent’s consent to an evaluation or reevaluation, the district may use mediation procedures to obtain a parent’s consent or request a due process hearing asking the administrative law judge to override the parent’s refusal to consent. The district may not request a due process hearing to override a parent’s refusal to consent to initial special education services.
*See the Special Education Terms & Definitions page for more information.