January 6, 2009
Dear County and District Superintendents, Charter School Administrators, Principals, Special Education Local Plan Area Directors, and Nonpublic School Directors:
The United States Department of Education recently issued its final amendments to regulations governing Part B of the Individuals with Disabilities Education Act (IDEA). The purpose of these amendments is to clarify and strengthen current regulations in Title 34, Code of Federal Regulations, Part 300, (34 CFR) in the areas of parental consent for continued special education and related services; non-attorney representation in due process hearings; state monitoring, technical assistance, and enforcement; and allocation of funds. The regulations also incorporate a statutory requirement relating to positive efforts to employ and advance in employment individuals with disabilities that was inadvertently omitted from the 2006 regulations. These regulations took effect on December 31, 2008.
In particular, you should know that 34 CFR Section 300.300(b)(4) has been revised to require that parental revocation of consent for the continued provision of special education and related services must be in writing and that upon revocation of consent a public agency must provide the parent with prior written notice in accordance with 34 CFR Section 300.503.
If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency:
Please note that, in accordance with 34 CFR Section 300.9 (c)(3), if the parents revoke consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.
For more information, please see the Federal Register, Volume 73, No. 231, Monday, December 1, 2008 (PDF).
If you have any questions regarding this subject, please contact
Allison Smith at email@example.com or 916-327-3698. [Note, the preceding contact information is no longer valid and has been replaced by Stacey Wedin, Education Programs Consultant, Special Education Division, by phone at 916-327-0844 or by e-mail at firstname.lastname@example.org.]
Original signed by Mary Hudler. Hard copy of the signed document is available by contacting the Special Education Division's Director's Office at 916-445-4602.
Mary Hudler, Director
Special Education Division