POLICY LETTER: June 3, 2010 to Missouri attorney Deborah S. Johnson

June 3, 2010Deborah S. JohnsonAttorney at Law9923 State Line Road Kansas City, MO 64114Dear Ms. Johnson:This is in response to your February 17, 2010 letter to Patricia J. Guard, Deputy Director of the Office of Special Education Programs in the U.S. Department of Education, regarding the parental consent requirements in the Individuals with Disabilities Education Act (IDEA). In your letter you express concern about the portion of the IDEA definition of consent that requires the parent to signify that he or she "understands" the activity for which his or her consent is sought, If the parent does not sign such a statement, you are concerned that school districts in Missouri will not provide the service or activity for which parental consent was sought. You suggest instead that, in providing consent, a parent only be required to sign a statement indicating that the parent agrees to the carrying out of the activity for which consent is sought, and not be required to signify that the parent understands the activity.As you know, under 34 CFR 300.300(a), (b), and (c), a public agency must obtain informed consent from the parent, consistent with 300.9, before conducting the initial evaluation of their child, the initial provision of special education and related services to the child, or any reevaluation. The IDEA definition of consent reads, in relevant part:Consent means that -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 through another mode of communication;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 whom34 CFR 300.9.We have reviewed the explanation of the definition of parental consent in the Missouri Department of Elementary and Secondary Education model form, Missouri Procedural Safeguards Notice, posted on the State's Web site, and believe that its explanation reflects the applicable IDEA requirements for "consentAlexa Posny, Ph.D.Acting DirectorOffice of Special Education Programscc: Heidi Atkins-Lieberman