View FileFebruary 11, 2003 to New Jersey Director of Special Education Barbara Gantwerk (MS Word)
Dated February 11, 2003Ms. Barbara GantwerkDirector, Office of Special Education ProgramsN.J. Department of EducationP.O. Box 500Trenton, New Jersey 08625-0500Dear Ms. Gantwerk:I write to respond to your letter that requested clarification of school district documentation and other issues when parents refuse to consent for the initial provision of special education and related services under the Individuals with Disabilities Education Act (IDEA). Your letter asked generally about school districts' documentation on this issue and related potential liability and whether school districts should treat students whose parents refuse to consent to the initial provision of special education and related services as general education students for purposes of disciplinary actions.You also asked about whether the lack of a parent signature was sufficient for purposes of documenting the parent's refusal to consent to the initial provision of special education and related services and what efforts school districts must make to attempt to obtain consent. The IDEA statute and regulations require school districts to obtain parent consent prior to conducting an initial evaluation or reevaluation and prior to the initial provision of special education and related services. 20 U.S.C. 1414(a)(1)(C) and (c)(3); 34 C.F.R. 300.55(a). School districts also are required to fully inform parents of all information relevant to the activity for which consent is sought, which for the initial provision of special education and related services includes information enabling the parent to determine the appropriateness of the services to be provided. 34 C.F.R. 300.500(b)(1)(i). Documentation of attempts by school officials to fully inform parents in order to obtain their consent is encouraged in the event there are any later questions as to whether the school district met its duty to fully inform the parent. If you are concerned about school officials being able to demonstrate that they made good faith efforts to obtain consent for the initial provision of special education and related services, they may wish toStephanie S. LeeDirectorOffice of Special Education Programscc: Commissioner Vito A. Gagliardi, Sr.Page PAGE 2 - Ms. Barbara Gantwerk