IEP Facts: Parental Roles and Consent

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In This Issue ...

Circulation: 98,627
ISSN: 1538-320
April 28, 2015

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mom and son working togetherParent consent means that you understand and “agree in writing” that the school may carry out the activity for which they need your consent. Granting consent is voluntary.

The school must obtain your consent before your child is

  • evaluated
  • reevaluated
  • placed in special education

Parents are equal partners with the school in the decision making process.

"... the IEP team must consider the parents’ concerns and the information that they provide regarding their child in developing, reviewing, and revising IEPs." (App A)

Courts have said failing to include the parent at the IEP meeting violated the procedural requirement of IDEA and invalidated the IEP. (Doug C. v Hawaii)

In this issue of the Special Ed Advocate you will learn about the importance of your parental role in the IEP process. Find out about when you must give parental consent - and when you may revoke consent.

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signing a document at IEP meeting

Parents Are - and Always Have Been - Members of the IEP Team

As the parent of a child with special educational needs, you represent your child’s interests. You are an essential part of the IEP process.

In the required members of the IEP team, IDEA 2004, Section 1414(d), parents are listed first.

Parents are and always have been members of the IEP team.

 

singing a document

Do I Have to Sign the IEP?

I signed the attendance sheet at my IEP meeting. Does that mean I agreed to what was said in the meeting? OH NO! What Did I Sign?

The federal special education law and regulations do not require a child’s parent to sign the IEP. Some state regulations include a provision for parents to sign the IEP to indicate their consent.

 

teacher and boy working together in school

Can I Revoke Consent For a Service in the IEP?

If I refuse consent for this new intervention program, can the school terminate my son’s IEP? NO!

You can revoke your consent for special education services in writing at any time.

 

 

Wrighslaw: All About IEPs

FAQs about Parental Role and Consent

Questions, Answers, and Legal Citations. Chapter 3, Wrightslaw: All About IEPs.

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