Nancy: When a student and parents wish to revoke special education services, are they able to obtain them again in the future? If so, how long? If so, what is the process?
Thank you!
Services / Terminating: REVOCATION BY PARENT
Special Education Law and Advocacy
I have a question regarding revoking special education consent. So all special education services are revoked. Does this include their eligibility? I see that it says we can use prior data in the new consent to assess. This is a question that is up for debate in our department because our new Director says that they don’t lose eligibility but our team feels that they do.
Kim, eligibility is based on having a disability and needing special education services. If these are true of a student, they do not go away, because the parent will not give consent for services.
Nancy –
When a parent (or student who has reached the age of majority) wishes to revoke consent for special education services, they must do so in writing. When the school district receives this request, they must provide the parent/student with written notice of their intent to end services and the date on which they will end.
Once that date arrives, the student will be considered a general education student. He/she will no longer have the benefit of any of IDEA’s procedural protections, including those related to discipline. The school is relieved of their obligation to provide that student with FAPE (but is NOT relieve of their Child Find duty).
If new concerns arise after the discontinuation of special education, the parent/student may again request an evaluation for special education eligibility (there is no regulatory time line regarding how soon this may happen). This would be considered an INITIAL evaluation – just as if the student never received special education. The school may, however, use prior evaluation results as part of this new evaluation.
Your state may place additional provisions on this, like how soon the school district must respond to the request, but that is the general procedure. Your local parent center can help you understand the ramifications of revoking consent, as well as any state rules (http://www.parentcenterhub.org/find-your-center/).