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Q: What do the Final Regulations say?A: A parent may revoke consent for continued provision of special education services at any time. The student will return to general education as a non-disabled student. Districts may not use mediation or due process hearings to continue special education when a parent revokes consent.
Q: When do the Final Regulations go into effect?
A: December 31, 2008.
Q: What procedures are required?
A: The parent must submit the revocation of consent in writing. The district must then give prior written notice of the termination of services based on parent revocation of consent. These written communications will serve as documentation of the process. The district may not discontinue services until the parent has been provided prior written notice, which must be given ìa reasonable timeî before the discontinuation of services.
Q: May a parent revoke consent to some services and not others?
A: No. The revocation applies to revocation for all special education and related services.
Q: If a student is 18 years old, can they revoke consent?
A: Yes, a student over age 18 may revoke consent unless they have been declared incompetent by a court order. However, the school is required to give prior written notice to both the student and to parents before discontinuation of special education services.
Q: May the school district suggest or encourage a parent to revoke consent?
A: No. It is inappropriate for staff to suggest or encourage this. If staff believes that a student no longer qualifies for special education services or does not need special education services, the staff should conduct a reevaluation to determine if dismissal from special education is appropriate.
Q: May the District use mediation or due process hearing to try and changethe parentís decision to revoke consent?
A. No. The law specifically states the school districts may not use these procedures.
Q: Is the district required to remove the paperwork regarding special education services which occurred prior to parent revocation from the studentís record?
A: No. The revocation is not retroactive and does not erase what has already occurred.
Q: After revocation of consent goes into effect, what is the studentís status?
A: The following considerations now apply to the student:
1. The student is treated the same as any other nondisabled student, including access to accommodations, if any, that are available to nondisabled students.
2. The studentís IEP is no longer in effect. The district is no longer required to provide FAPE, conduct 3-year re-evaluations, or hold annual ARD meetings.
3. "Child Find" applies to the student in the same way as it does to any other student (including students whose parents refused consent for the initial placement of special education services).
4. Regular discipline rules apply. Districts would not be considered to ìhave knowledgeî of the studentís disability and are not required to determine whether the conduct is a manifestation of the studentís disability before implementing regular discipline. However, if a parent requests a special education evaluation, the district must implement the provisions regarding an expedited evaluation.
Q: When a parent revokes consent, does the school district need to conduct a reevaluation, hold an ARD meeting, or draft a new IEP?
A: No, the school district is not required to conduct a reevaluation, convene an ARD meeting, or draft a new IEP before special education services are discontinued.
Q: Is the district liable for a denial of FAPE after a parent revokes consent?
A: No. The law specifically states a school district will not be considered in violation of FAPE requirement for the failure to provide special education and related services after a parent revokes consent.
Q: If consent is revoked, will the student be responsible for satisfactory performance on the state assessments (TAKS)?
A: Yes. The student will be responsible for performing satisfactorily on the state assessments (TAKS) and will be eligible for only those accommodations offered to general education students.
Q: If consent is revoked, is the student eligible for Response to Intervention (RtI)?
A: Yes. RtI is a regular education initiative and the student might be served under RtI in accordance with district policies.
Q: May the parent request resumption of special education services after revoking consent?
A: A parent may request evaluation for eligibility for special education and related services. This is considered an initial evaluation and all timelines apply. The ARD Committee must consider existing information, which may be current, in determining what is needed to establish eligibility.
Q: If a parent revokes consent when a special education student is in their junior year and the student was on the minimum graduation plan, will the student need to make up credits to graduate under the recommended plan or need to pass an exit level TAKS test?
A: No, currently an administrator, parent and student can agree for a student to graduate on the minimum plan, even if the student does not have a disability. The student will need to pass the exit level TAKS assessments. (Only an ARD committee can determine if passing the Exit level TAKS is required. Once the student is no longer receiving special education services he/she will have the same requirements as all general education students).
Q: I have a child with significant disabilities, and the school tells me she can only be placed in the life skills program and not in the general education setting. If I revoke my consent for services, wonít she automatically be placed in the general education setting?
A: While this may seem like a creative way to promote inclusion, your child will most likely still need additional supports in the general education setting which will not be available if you revoke your consent. Please see Prior Written Notice requirements regarding placement decisions. Also see the Guide to the ARD process regarding what should happen during disagreement (nonconcensus).
Q: My child was receiving tutoring and counseling as part of a response to intervention program. He was referred for a special education evaluation. I do not agree with the eligibility category he qualifies with. The school says that if I donít agree with this, my child will not get any more services. If I revoke my consent, will my child still receive response to intervention services?
A. This is not an issue regarding revocation of consent. If you do not consent for the initial provision of special education services, there will be no ARD meeting or development of an IEP. Your child will be considered a general education student. Services available to other general education students should still be available to your child. If you do not agree with the evaluation, you have a right to an Independent Educational Evaluation (IEE). See Procedural Safeguards.
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