Tuesday, April 20, 2010

Revoking Consent for Special Education Services

According to 34 CFR 300.300(b)(4), parents may revoke consent for special education services in entirety. However, they not are able to unilaterally revoke consent for specific, individual services unless state law permits such (South Carolina does not). If parents request to remove a particular service from the IEP, the case manager needs to convene the IEP team to allow the parents to share their concerns and to review whether the service is still needed. The team may determine there is a way to meet the student's need differently (other than by direct services) if the child continutes to need the service in the area for which the parent desires to revoke consent. For example, rather than removing speech therapy services in entirety, the team may agree that consultative services with the regular education teacher may be appropriate. If the team strongly believes the services the parents want removed are necessary, make sure the parents are given a copy of the procedural safeguards in the event they want to dispute the provision of a service. Finally, if the team agrees the service is no longer needed based on documentation of progress, provide the parents with Prior Written Notice before ending the service then hold a special review meeting to make the the change in the IEP.

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