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Notice and Consent
School districts must provide parents with prior written notice before several actions occur. The prior written notice must clearly state the proposed or refused actions by the district.
In some cases, the district must receive informed consent from the parent in order to proceed with the proposed action. Parental consent is needed in writing before the district:
- Conducts an evaluation.
- Begins special education programs and/or services for the first time.
Guidance for Notice
Districts must follow certain requirements for providing notice.
Notice of Provision of Services and Programs
The document provides a model form for notice which is given to the parent by a district to explain an action the district wants to take, or is refusing to take, with a student who has a disability or is suspected of having a disability. Notice provides the reason(s) that the district is proposing or refusing an activity.
Notice of Cessation of Special Education Programs and Services in Response to Revocation of Parental Consent
This model form provides a notice to parents who revoked consent for the provision of special education programs and services.
Consent as Defined in IDEA
This document focuses on the requirements for consent under the Individuals with Disabilities Education Act (IDEA). Refer to the federal regulations for the full description of initial evaluations, re-evaluations, initial services and Individualized Education Program (IEP) Teams.
Revocation of Parental Consent for Special Education Programs and Services
This model form provides parents a form to revoke consent for the provision of special education programs and services.
Appointment of Surrogate Parents for Special Education and Early Intervention Services
This guidance has been updated and is consistent with the Individuals with Disabilities for Education Act (IDEA) requirements and includes:
- Surrogate parent requirements for children birth to three.
- Responsibilities of the public agency for appointing surrogate parent to unaccompanied homeless youth, students who have reached age of majority, students in residential placements and wards of the state.
- Information on surrogate parent rights, which highlights the procedural rights of the surrogate parent.
The guidance document also emphasizes a surrogate parent cannot be an employee of any agency involved in the education or care of the child.
Procedural Safeguards Notice
The IDEA includes a set of procedural safeguards designed to protect the rights of students with disabilities and their parents. The document is available in English and several other languages.