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Section 3

ak dept education

special ed handbook

SECTION 3
PARENTAL CONSENT

The following parental consents are required as initial steps in the evaluation process:
  1. The parents' signature indicating consent to conduct the initial evaluation must be received before any evaluation can be conducted. Only a parent, a guardian, a person acting as a parent, or a surrogate parent can provide consent for initial evaluations.

    Note:
    When a child is determined eligible for special education services, the IEP must be implemented within 45 school days of receiving parental consent for the initial evaluation. The 45 school days timeframe shall not apply in 2 situations:

    1. If a child moves to a new school district after consent for evaluation has been obtained but before the evaluation can be completed, as long as the new district is making sufficient progress to complete the evaluation and the parent and LEA agree to a specific time when the evaluation shall be completed.
    2. If the parent repeatedly fails or refuses to produce the child for an evaluation.
  2. The parent's signature indicating consent to release information must be received in order for non-educational agencies to release information.
Parental consent is necessary when any assessment instrument is administered as part of an evaluation or re-evaluation. However, districts are not required to obtain parental consent for teacher and related service provider observations, on-going classroom evaluation, or the administration of, or review of, the results of adapted or modified assessments that are administered to all children in a class, grade, or school.

Parental consent for evaluation should not be construed as consent for placement or receipt of special education and related services.

Parent Refuses Consent for Initial Evaluation

If a parent refuses consent for an initial evaluation, the child cannot be evaluated. If the District believes an evaluation is warranted, the District may request mediation or a due process hearing. If the mediation results in parental consent to evaluate, or a hearing officer decision indicates that testing is appropriate and the parent does not appeal, then the child may be evaluated.

Parent Refuses Consent for Services

If the parent refuses initial consent for services, the LEA will not be considered to have failed to provide a FAPE to the child and shall not be required to convene IEP meetings about the child. The LEA may not use due process to seek to provide services if parents have failed to provide consent.ConsentConsent means:
  1. That the parent has been fully informed, in his or her native language or other mode of communication, of all information relevant to the activity for which consent is sought.
  2. The parent understands and agrees in writing (the parent's signature) to the carrying out of the activity for which the parent's consent is sought.
  3. The consent describes that activity and lists any records that will be released and to whom.
  4. The parent understands that the granting of consent is voluntary and may be revoked prior to the action requiring consent transpiring.
(See Appendix C for a sample Consent for Initial Evaluation form.)

Revoking Consent for an Initial Evaluation

A parent who has provided consent for an initial evaluation may revoke that consent any time prior to the evaluation occurring. However, once the evaluation has been completed, a parent may not revoke consent to revert the child to a previous status, or to have the evaluation disregarded.

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