Informed consent signifies that a parent has the right to be thoroughly informed about all relevant details related to their child's education when specific actions are proposed by the local educational agency. Importantly, consent is voluntary and can be withdrawn or withheld concerning the initial evaluation of the child.
When is Written Parental Consent Required?
There are several circumstances where written consent directed to the child's school district is necessary:
- When an Initial Evaluation is conducted to determine the child's eligibility for special education and related services.
- Before placing the child in special education services.
- Prior to placing the child in a private placement.
- Before reevaluating the child.
If a parent does not consent to a Reevaluation, the school district may override this if it demonstrates a genuine attempt to obtain the consent and the parent did not respond.
The Consent Process
Consent for an Initial Evaluation must be documented in writing and only granted after full disclosure of all the facts necessary to make an informed decision regarding the child's educational needs. Importantly, this consent does not automatically include consent for special education placement. A separate written consent is necessary after the Initial Evaluation if the child is deemed eligible for special education and related services.
Implications of Parental Disagreement
If a parent disagrees with proposed special education activities, the school district is still required to ensure that the child receives a Free Appropriate Public Education (FAPE). However, if a parent declines consent for either an Initial Evaluation or a Reevaluation, the school district has the option to initiate a due process hearing to proceed with the evaluations. Conversely, if a parent refuses consent for special education services placement despite eligibility, the school district cannot use a due process hearing to enforce the placement.
Contact Us
If you have any questions regarding informed consent in Connecticut special education, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
