POLICY LETTER: June 30, 2003 to individual (personally identifiable information redacted)
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June 30, 2003 to individual (personally identifiable information redacted) (MS Word)
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June 30, 2003 to individual (personally identifiable information redacted) (MS Word)
Dated June 30, 2003This letter is in response to your letter to Senator Richard Shelby regarding children's rights versus parents' rights in early childhood special education. Your letter was forwarded to the Office of Special Education Programs in the Office of Special Education and Rehabilitative Services.In your letter, you state that you were informed that a child cannot be evaluated and receive early intervention services and later special education services if parents do not give written consent and that you were told that laws concerning this issue are presently being reviewed. You state that you are concerned that not all parents are capable of making rational decisions for their children and that many children who have been identified by their pediatricians as children who have developmental delays do not receive the help that is available. Parental Consent for Evaluation. The Individuals with Disabilities Education Act (IDEA) and the final regulations implemented pursuant to this Act specifically address parental consent for evaluations. The regulations implementing Part C of the IDEA (concerning early intervention services for infants and toddlers with disabilities birth through two years of age), at 34 CFR 303.404(a), require that written parental consent be obtained before conducting the initial evaluation and assessment of a child. The Part C regulations, at 34 CFR 303.404(b), further require that the public agency make reasonable efforts to ensure that the parent is fully aware of the nature of the evaluation and assessment or the services that would be available and understands that the child will not be able to receive the evaluation and assessment or services unless consent is given. Similarly, the regulations implementing Part B of the IDEA (concerning special education and related services for children with disabilities), at 34 CFR 300.505(a)(1), specifically require that informed parental consent be obtained before an initial evaluation or reevaluation.If a parent refuses consent for an initial evaluation or reevaluation, the regulations implementing Parts C and B of the IDEA permit the agency to pursue those evaluations by using the mediation and due process procedures outlined in IDEA, except to the extent inconsistent with State law relating to parental consent. (See Note 2 following section 303.404 of the Part C regulations and section 300.505(b) of the Part B regulatiI hope you find this information helpful. If you would like further assistance, please contact Dr. Wendy Tada of my office at 202-205-9094.Sincerely/s/ Patricia J. Guard forStephanie S. LeeDirectorOffice of Special Education Programscc:Mr. Mabrey WhetstoneDirector, Special Education ServicesAlabama State Department of EducationElizabeth PrinceAlabama Part C CoordinatorPage PAGE 2
TOPIC ADDRESSED: Early Intervention Services
SECTION OF IDEA: Part C - Infants and Toddlers with Disabilities; Section 636 - Individualized Family Service Plan
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Last modified on April 27, 2017