Notes
Slide Show
Outline
1
What does Consent really mean?
  • The parent has been fully informed, in their native language or other mode of communication, of all information relevant to the activity for which consent is sought.
2
What does Consent really mean?
  • The parent understands and agrees in writing to the activity for which consent has been sought and the consent:
    • Describes that activity; and
    • Lists the records, if any, that will be released and to whom
3
What does Consent really mean?
  • The parent understands that:
    • Granting consent is voluntary on the part of the parent; and
    • The consent may be revoked at any time.


4
What does Consent really mean?
  • If the parent revokes consent, the revocation is not retroactive, that is, it does not negate an action that has occurred after the consent was given and before the consent was revoked.


5
Consent is required:
  • Before an initial evaluation.
  • Before a reevaluation.
  • Before the initial provision of special education services.
  • Before the school can access public benefits/insurance (e.g., Medicaid).
  • Before releasing educational records to agencies providing or paying for transition services.
  • Before the exchange of educational records of a private school student between the school where the nonpublic school is located and the school district of legal settlement.
  • Before the school can invite a representative of an agency responsible for providing or paying for transition services to a CCC.
  • Before a “core” member of a CCC can be excused from a CCC meeting.
6
Change of Placement
  • Current Article 7 (ending 8-12-2008) had additional requirement: consent for change of placement
  • “Change of Placement” is not defined in IDEA.
  • IDEA does not require written consent for change of placement
  • New Article 7 does not require consent for change of placement
7
Change of Placement
  • Under IDEA, parents who disagreed with proposed IEP can:
    • Agree to mediation
    • Request due process
  • NEW Article 7 adds
    • Request a meeting to discuss
8
Proposed IEP (after initial IEP)
  • IEP is developed ,provided to parents w/in 10 business days
  • Parent has 10 instructional days to
    • Request a meeting (contact principal)
    • Request mediation (contact director)
    • Request due process (contact DOE)
  • Any of this actions creates STAY PUT..the previous IEP is in place until the dispute is resolved.
9
Consent Before Initial Evaluation
  • Parent requests an evaluation, verbally or in writing to “licensed personnel”
  • School sends written notice within 10 instructional days of intent/refusal to evaluate (with form for consent)
  • Parent must return consent to licensed personnel
  • Date licensed personnel receive consent starts evaluation timeline
10
Licensed Personnel
  • Teachers
  • School Counselors
  • School Psychologists
  • School Social Workers
  • Building Principals
  • Other Administrators
11
Before a Reevaluation
  • School must provide written notice of intent to reevaluate
  • Written notice = IEP
  • Parent must provide consent
  • Consent not required if the parent fails to respond to “reasonable efforts” to obtain consent.
  • Phone calls, letters, visits to home/work
12
Before initial provision of special education services
  • School must provide written notice not later than 5 instructional days prior to initial CCC meeting (Written notice of Initial Findings and Proposed Action)
  • Action = Eligibility (e.g., OHI)
  • At CCC, IEP is developed
  • IEP = written notice
  • IEP may be mailed
  • Parent consent is obtained
13
Before “core” member of CCC can be excused
  • Core members are:
  • 1.Public agency representative/designee
  • 2. Current Teacher of Record/SLP/Teacher licensed in area of disability
  • 3. General Education Teacher (if participating in general education)
  • 4. Someone who can interpret the instructional implications of evaluation
14
Consent for Excusal
  • If the school and parent agree in writing that:
  • The member’s area of curriculum or related services is not being discussed
  • The member’s area of curriculum or related service is being modified or discussed, but the member will submit input in writing prior to the meeting
  • The member’s area of curriculum or related service is being modified or discussed during the portion of the meeting that the member will attend