Monday, March 31, 2008

Procedural Safeguards - Part III

As we continue the series on the IDEA procedural safeguards, other than the previously covered four methods of dispute resolution, it is important to remember the significance of these safeguards. From Rowley through Winkleman, the Supreme Court has referred to the IDEA procedural safeguards as extremely important to the fairness of the process, the great equalizer. Today we examine how the IDEA'04 changes and the latest federal regulations impact the requirement of parental consent.

Parental Consent
The provisions of IDEA’04 make it clear that where the parent does not provide consent for the initial evaluation, the school district may invoke procedural safeguards, such as mediation or a due process hearing, to pursue such evaluation. Section 614 (a)(1)(D)(ii)(I). If the parent refuses to consent to services for the child, however, the school district shall not provide special education and related services to the child and the district may not invoke mediation or the due process hearing system. Section 614 (a)(1)(D)(ii)(II). Where the parent refuses to consent to services or fails to respond to a request to provide such services, the school district is relieved of the obligation to provide FAPE to the student and is not required to convene an IEP team meeting or to develop an IEP for the child. Section 614 (a)(1)(D)(ii)(III)(aa) and (bb).
OSEP has clarified that a school district must make reasonable efforts to obtain the informed parental consent for an initial evaluation and document these efforts in the same manner as documenting efforts to obtain parent participation in IEP team meetings. 71 Fed. Register No. 156 at page 46631 (August 14, 2006). A school district may, but is not required to, utilize the procedural safeguards to obtain parental consent for an evaluation although OSEP believes the override procedures should be used only in rare circumstances. 71 Fed. Register No. 156 at page 46632 (August 14, 2006).
The reasonable efforts required of a school district do not require the convening of an IEP team meeting, although a school district may convene an IEP team meeting in order to obtain informed consent. 71 Fed. Register No. 156 at page 46634 (August 14, 2006).
OSEP will publish regulations in the future concerning whether a parent who previously consented to services may later withdraw their child from special education. 71 Fed. Register No. 156 at page 46633 (August 14, 2006).
Where a child is home schooled or placed by his parents in a private school at their own expense, the school district may not use the procedural safeguards to attempt an override of lack of consent. 34 CFR Section 300.300(d)(4); 71 Fed. Register No. 156 at page 46635 (August 14, 2006).


  1. Hello. This post is likeable, and your blog is very interesting, congratulations :-). I will add in my blogroll =). If possible gives a last there on my blog, it is about the Estabilizador e Nobreak, I hope you enjoy. The address is A hug.

  2. Do you still use free service like or but
    they have less control and less features.
    shift to next generation blog service which provide free websites for
    your blog at free of cost.
    get fully controllable ( more features like
    forums,wiki,CMS and email services for your blog and many more free
    hundreds reported 300% increase in the blog traffic and revenue
    join next generation blogging services at