Parental Consent for the Initial Provision of Special Education and Related Services

This is a picture of my daughter standing on the balcony of our hotel (Dusit Thani) in New Cairo. There was an "oasis" outside our window but beyond that is it mostly sand and new construction homes.

The Special Education Process Guide for South Carolina revised 10/1/10 clarifies that when a parent provides consent for the initial provision of special education and related services it does not mean the parents are consenting to each service included in the initial IEP developed for their child. This consent requirement only applies to the initial provision of special education and related services generally, and not to the particular special education and related services to be included in the child's initial IEP. In order to give informed consent to the initial provision of special education and related services under 34 CFR Section 300.300(b)(1), parents must be fully informed of what special education and related services are and the types of services their child might need, but not the exact program of services that would be included in an IEP to be developed for their child. Once the LEA has obtained parental consent and before the inital provision of special education and related services, the IEP team would convene a meeting to develop an IEP for the child in accordance with 34 CFR Sections 300.320 through 300.324.

What About a Guardian Ad Litem?

This is a random picture I took while traveling from the Cairo International Airport to our hotel. Notice all the sand on the road...

Page 46566 of the comments to the IDEA 2004 regulations explains "We agree that guardians with limited appointments that do not qualify them to act as a parent of the child generally, or do not authorize them to make educational decisions for the child, should not be considered to be a parent within the meaning of these regulations." What this means...there are differnt kinds of guardians who serve in different roles as authorized by the State. In South Carolina, a Guardian ad Litem is a volunteer trained to perform five important functions: investigator, reporter, spokesperson, monitor, and protector. This person would not be able to make educational decisions on behalf of the child (e.g., receive notice, give or revoke consent, file formal complaints, request mediation, file for a due process hearing, give or deny permission for release of records, etc.) unless a court authorized them to act as a child's parent. If in doubt, school officials need to ask for documentation from a court authorizing the guardian to make educational decisions.

What About Step-Parents?

Another view of Cairo from the plane...

A letter from the Family Policy and Compliance Office dated August 20, 2004 clarifies the term "parent" includes natural parents, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. The Department has determined that a parent is absent if he or she is not present in the day-to-day home environment of the child. Accordingly, a stepparent has rights under the FERPA where the stepparent is present on a day-to-day basis with the natural parent and child and the other parent is absent from that home. In such cases, stepparents have the same rights under the FERPA as do natural parents. Conversely, a stepparent who is not present on a day-to-day basis in the home of the child does not have rights under the FERPA.