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5. Specifies that LEAs may not use Section 615 remedies to obtain consent for services.
If the parent of a child for whom an agency is seeking consent to provide special education and related services refuses to consent to services under Section 614(a)(1)(D)(i)(II), the LEA shall not provide special education and related services to the child by utilizing the procedures described in Section 615. [614(a)(1)(D)(ii)(II)]

If the parent of such child refuses to consent to the receipt of special education and related services, or if the parent fails to respond to a request to provide such consent:
  • The LEA shall not be considered to be in violation of the requirement to make available a free appropriate public education (FAPE) to the child for the failure to provide such child with the special education and related services for which the LEA requests such consent; and
  • The LEA shall not be required to convene an individualized education program (IEP) meeting or develop an IEP under this section for the child for the special education and related services for which the LEA requests such consent.

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why might a parent refuse consent?

  2. Why is it important for school personnel to understand the reasoning behind parents’ decision or indecision regarding consent, with respect to their cultural, socio-economic status, or life experiences?

  3. How might districts’ sharing of successful strategies about consent procedures increase a school’s success in obtaining parental consent?

Application Questions

  1. What strategies would be particularly powerful to encourage absentee parents to be available for consent for special education services?

  2. What are the promising practices to ensure parent understanding of “informed consent”?

  3. After the initial evaluation demonstrates a child qualifies for special education, what documentation is advisable if a parent does not consent to the provision of special education services for their child?

  4. How might school personnel meet the educational needs of students whose parents have refused consent for the delivery of special education services?

    These questions were developed by the following stakeholders working together:

    Role: National Family Advocacy Organization
    Location: Minnesota
    Role: Assistant Superintendent
    Location: Michigan
    Role: Family Advocate
    Location: Maryland
    Role: National TA Provider
    Location: Oregon
    Role: Principal
    Location: Virginia
    Role: State Education Agency
    Location: Pennsylvania
    Role: TA Provider
    Location: Washington, D.C.
    Role: Family Advocate
    Location: Tennessee