I recently worked on a case and discovered the school district held a 30-day IEP, and removed a student’s behavior support plan, without the presence of a school psychologist or a person qualified to explain to the parent and student, the implications of the removal of that behavior support plan.
Section 300.9 of Title 34 of the Code of Federal Regulations defines INFORMED CONSENT.
Consent means that--
(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;
(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and
(c)
(1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.
(2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).
(3) If the parent revokes 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.
(Authority: 20 U.S.C. 1414(a)(1)(D) )
Title 34 of the Code of Federal Regulations states who the school must have in attendance at an IEP to create a team.
§ 300.321 IEP Team.
(a) General. The public agency must ensure that the IEP Team for each child with a disability includes--
(1) The parents of the child;
(2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
(3) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;
(4) A representative of the public agency who--
(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
(ii) Is knowledgeable about the general education curriculum; and
(iii) Is knowledgeable about the availability of resources of the public agency.
(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section;
(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(7) Whenever appropriate, the child with a disability.
In the matter I am working on, I do not believe the parent could consent to the removal of the Behavior Support Plan, because the absence of a person who could interpret the instructional implications of evaluation results as described in part (a)(5) of § 300.321 , was not present.
I will devote a separate blog article to the purpose of a 30-day IEP. Parents should be aware of the schools limits, because removing services at a 30-day can lead to disaster, when the appropriate team members are not present and records have not been thoroughly reviewed or obtained.
Parents please remember that you have a right to certain professionals at your child’s IEP. You must provide written consent to exclude those professionals. Do not allow the District to give you a piece of paper and tell you to sign it. Read it, and discuss it aloud. Each team members should give you details on your child. Those details will assist in designing an appropriate program for your child.
Section 300.9 of Title 34 of the Code of Federal Regulations defines INFORMED CONSENT.
Consent means that--
(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;
(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and
(c)
(1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.
(2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).
(3) If the parent revokes 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.
(Authority: 20 U.S.C. 1414(a)(1)(D) )
Title 34 of the Code of Federal Regulations states who the school must have in attendance at an IEP to create a team.
§ 300.321 IEP Team.
(a) General. The public agency must ensure that the IEP Team for each child with a disability includes--
(1) The parents of the child;
(2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
(3) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;
(4) A representative of the public agency who--
(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
(ii) Is knowledgeable about the general education curriculum; and
(iii) Is knowledgeable about the availability of resources of the public agency.
(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section;
(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(7) Whenever appropriate, the child with a disability.
In the matter I am working on, I do not believe the parent could consent to the removal of the Behavior Support Plan, because the absence of a person who could interpret the instructional implications of evaluation results as described in part (a)(5) of § 300.321 , was not present.
I will devote a separate blog article to the purpose of a 30-day IEP. Parents should be aware of the schools limits, because removing services at a 30-day can lead to disaster, when the appropriate team members are not present and records have not been thoroughly reviewed or obtained.
Parents please remember that you have a right to certain professionals at your child’s IEP. You must provide written consent to exclude those professionals. Do not allow the District to give you a piece of paper and tell you to sign it. Read it, and discuss it aloud. Each team members should give you details on your child. Those details will assist in designing an appropriate program for your child.
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