Parents' Right To Revoke Consent

January 6, 2009

Dear County and District Superintendents, Charter School Administrators, Principals, Special Education Local Plan Area Directors, and Nonpublic School Directors:

PARENTS' RIGHT TO REVOKE CONSENT

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:

• May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with 34 CFR Section 300.503 before ceasing the provision of special education and related services
• May not use the procedures in subpart E of this part (including the mediation procedures under 34 CFR Section 300.506 or the due process procedures under 34 CFR sections 300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child
• Will not be considered to be in violation of the requirement to make a free appropriate public education (FAPE) available to the child because of the failure to provide the child with further special education and related services
• Is not required to convene an individualized education program (IEP) team meeting or develop an IEP under 34 CFR sections 300.320 and 300.324 for the child for further provision of special education and related services

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 the Special Education Division by email at specedinfoshare@cde.ca.gov.

Sincerely,

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