Fw: Parent's signature on IEPs

[Guest guest]

I am forwarding this as it's an update. Seems to me like there needs to be some

sort of accountability set in place that more accurately reflects having a

requirement for a signature - thus indicating either acceptance or refusal of

the IEP.

Parent's signature on IEPs

Becky-

This is the text of the law (P.L. 108-446-- the 2004 IDEA reauthorization)

that I mentioned in my voice mail

[from section 614(a)(1) of P.L. 101-446]

''(D) PARENTAL CONSENT.-

''(i) IN GENERAL.-

''(I) CONSENT FOR INITIAL EVALUATION.-The

agency proposing to conduct an initial evaluation

to determine if the child qualifies as a child with

a disability as defined in section 602 shall obtain

informed consent from the parent of such child

before conducting the evaluation. Parental consent

for evaluation shall not be construed as consent

for placement for receipt of special education and

related services.

''(II) CONSENT FOR SERVICES.-An agency that

is responsible for making a free appropriate public

education available to a child with a disability

under this part shall seek to obtain informed consent

from the parent of such child before providing

special education and related services to the child.

''(ii) ABSENCE OF CONSENT.-

''(I) FOR INITIAL EVALUATION.-If the parent

of such child does not provide consent for an initial

evaluation under clause (i)(I), or the parent fails

to respond to a request to provide the consent,

the local educational agency may pursue the initial

evaluation of the child by utilizing the procedures

described in section 615, except to the extent inconsistent

with State law relating to such parental

consent.

''(II) FOR SERVICES.-If the parent of such child

refuses to consent to services under clause (i)(II),

the local educational agency shall not provide special

education and related services to the child

by utilizing the procedures described in section

615.

''(III) EFFECT ON AGENCY OBLIGATIONS.-If the

parent of such child refuses to consent to the

receipt of special education and related services,

or the parent fails to respond to a request to provide

such consent-

''(aa) the local educational agency shall

not be considered to be in violation of the

requirement to make available a free appropriate

public education to the child for the

failure to provide such child with the special

education and related services for which the

local educational agency requests such consent;

and

''(bb) the local educational agency shall

not be required to convene an IEP meeting

or develop an IEP under this section for the

child for the special education and related

services for which the local educational agency

requests such consent.

Rick Apling

N. Apling

Congressional Research Service

Library of Congress

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