Revoking consent: changes in IDEA

As of Dec. 31, 2008, changes went into effect for the new regulations of the federal IDEA Act. There is a change that could be of big importance to parents.

The change is giving parents the right to revoke consent for special education and related services. This new regulation means that parents are now allowed to revoke their consent for special education and related services and that the school district must comply with the parent's request and immediately remove the child from special education. The school is NOT able to challenge the parent's decision through mediation or through due process. Parents, on the other hand, must give written consent to stop special education and related services. The school district must give prior written notice, detailing the changes in placement and services before the services are discontinued.

When removing a child from special education, parents should know:

• * that school is not required to remove references to special education from the child's records after they have been removed from special education
• * that the child will no longer have rights under IDEA and will be required to meet all state requirements for graduation
• * the child will be expected to follow all the discipline policies of his school/district
• * that if the child is removed from special education, the parent may, at any time, request an evaluation from the school. It will be considered an initial evaluation.