As a parent or guardian, understanding your rights and the special education services available to your child is crucial. This guide aims to provide clear and concise information on informed parental consent, surrogate parents, eligibility for special education, and independent educational evaluations (IEE).
Informed Parental Consent
Informed parental consent means that you, or a district-appointed surrogate parent, give written permission for the school district to take specific actions related to your child's special education. This consent ensures you are fully informed about the proposed actions. Here are instances when your consent is required:
- Before the district evaluates your child for the first time to determine if they need special education and related services.
- Before the district starts providing special education services listed in your child's first Individualized Education Program (IEP).
- Before the district reevaluates your child to see if their needs have changed.
- Before the district conducts additional assessments, such as a Functional Behavior Assessment.
- Before the district changes your child's educational placement, which refers to changes in their educational program, not necessarily the location.
- Before the district shares information about your child with individuals not listed in state or federal law.
What is a Surrogate Parent?
A surrogate parent represents a child with a disability in all matters related to qualifying for and receiving special education services. The school district appoints a surrogate parent when:
- The parent cannot be identified.
- The school district cannot locate the parent despite reasonable efforts.
- The child is an unaccompanied homeless youth.
- The child is a ward of the state.
When Informed Parental Consent is Not Required
Your consent is not required when the district is:
- Reviewing existing student information as part of the evaluation/reevaluation process.
- Conducting assessments administered to all students.
How to Give Your Informed Parental Consent
To give your informed parental consent, the district must:
- Provide information in your native language or another form of communication you understand.
- Ensure you understand and agree in writing for the district to carry out an activity.
- Make sure you know that your consent is voluntary and can be withdrawn at any time.
- Inform you that withdrawing consent does not undo actions taken while the consent was in effect.
Withdrawing Consent
If you choose to withdraw your consent, you must do so in writing. The district must then stop providing special education services and give you a prior written notice. Once services stop, your child will be considered a general education student.
Is Your Child Eligible for Special Education?
Your child may be eligible for special education if they have one or more disabilities as defined by the Individuals with Disabilities Education Act (IDEA). These disabilities include:
- Intellectual disability
- Hearing impairment
- Speech or language impairment
- Visual impairment
- Emotional disturbance
- Orthopedic impairment
- Autism
- Traumatic brain injury
- Other health impairment
- Specific learning disability
- Deafness
- Deaf-blindness
- Multiple disabilities
- Developmental delay
Native Language or Other Mode of Communication
All meetings, evaluations, and notices must be in your native language or another mode of communication you understand. This ensures accurate information about your child's abilities and needs.
Ask the District to Evaluate Your Child
If you suspect your child has a disability affecting their education, you can request an evaluation from the district. The district must complete the initial evaluation within 60 calendar days after receiving your written consent.
If a Child is a Ward of the State
If a child is a ward of the state and not living with their parent, the district does not need parental consent for an initial evaluation if:
- The parent cannot be located despite reasonable efforts.
- Parental rights have been terminated.
- A judge has assigned the rights to an individual who consents to the evaluation.
Independent Educational Evaluation (IEE)
An IEE is an outside evaluation paid for by the district if you disagree with the district's evaluation. The evaluator must not work for the district. You can arrange and pay for an IEE at any time. If you request an IEE, the district must either agree to pay for it or request a due process hearing to prove their evaluation was appropriate.
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