View FileSeptember 5, 2003 to Hofstra University Professor Frank G. Bowe (MS Word)
Dated September 5, 2003Frank G. Bowe, Ph.D., LL.D.Department of Counseling, Research, Special Education and RehabilitationSchool of Education and Allied Human Services223 Hagedorn HallHofstra UniversityHempstead, New York 11549Dear Professor Bowe:This is in response to your e-mail asking for the statutory provisions that substantiate the position set forth in the letter dated September 24, 2001 to Virginia Department of Education Assistant Superintendent H. Douglas Cox, regarding the Individuals with Disabilities Education Act (IDEA) requirement that parental consent must be obtained before the initial evaluation, the reevaluation, and the initial provision of special education and related services.The IDEA statute and regulations contain express provisions that require local education agencies (i.e., school districts) to obtain informed parental consent prior to a child's initial evaluation or reevaluation or initial provision of services for special education and related services. 20 U.S.C. 1414(a)(1)(c)(i) and (c)(3) and 34 CFR 300.505(a). The IDEA statute at section 614(a)(1)(c)(ii) and regulations at 34 CFR 300.505(b) also contain express provisions that allow an agency to override parental consent if the parents of a child with a disability refuse to provide informed consent for the child's initial evaluation or reevaluation. Specifically, the agency may continue to pursue those evaluations by using the due process procedures under 34 CFR 300.507-300.509, or the mediation procedures under 34 CFR 300.506, if appropriate and voluntary. Additionally, the statute and regulations make clear that consent for the initial evaluation is not to be construed as consent for the initial provision of special education and related services. 20 U.S.C. 1414(a)(1)(c)(i) and 34 CFR 300.505(a)(2).However, there are no comparable provisions in either the statute or IDEA regulations that allow the agency to override parental refusal Patricia J. GuardDeputy Director,Office of Special Education ProgramsPage PAGE 2 - Professor Frank G. Bowe