Monday, May 24, 2010

Parent of a Student with Asperger Syndrome and ADD Revocates Consent for IDEA Services

In Jefferson County Board of Education, 110 LRP 2743 (SEA AL 9/29/09), an Independent Hearing Officer (IHO) ruled a local education agency did not violate IDEA when a parent asked the district to find her child eligible for special eduation services a second time around. The parent withdrew her child from school after several disciplinary infractions then reenrolled her child 6 months later and signed a document revoking consent for special education services. Following an incident involving a smoke bomb, a hearing officer ordered the student to attend boot camp for 30 days. The parent then sought placement back into the special education program due to health concerns of her child. When the district correctly treated the referral as an initial evaluation for IDEA services and scheduled a meeting, the parent initiated due process alleging a denial of FAPE as services were not reinitiated automatically. The IHO wrote, "While it appears that the [IDEA amendments on revocation] do not clarify such an issue,... it appears cross-purpose to anticipate that the parent can turn on and off the services like a water faucet."

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