Consent for the Initiation of Services (Initial IEP Only)

Consent for Initiation of Services

A public agency shall obtain written parental consent before the initial provision of special education and related services to a student with a disability.

A public agency SHALL NOT provide special education and related services consistent with 20 U.S.C. §1414(a)(1)(D)(ii)(II) and 34 C.F.R. §300.300(b)(3) if a student’s parent:

• Refuses to provide the public agency written consent for the initiation of special education and related services; or
• Fails to respond to a request by the public agency to provide written consent for the initiation of special education and related services.

If a parent of a student with a disability refuses to provide the initial written consent, the public agency shall not be considered to be in violation of the requirement to make a free appropriate public education (FAPE) available to the student for failing to provide the student with the special education and related services for which the public agency sought parental consent consistent with 20 U.S.C. §1414(a)(1)((D)(ii)(III)(aa) and 34 C.F.R. §300.300(b)(4)(i).

The public agency shall not be required to convene an IEP team meeting or develop an IEP for the special education and related services for which the public agency requests initial consent consistent with 20 U.S.C. §1414(a)(1)((D)(ii)(III)(bb) and 34 C.F.R. §300.300(b)(4)(ii).

Once services have started, parental consent is not required in order to implement any future changes to the student's special education services. After the initiation of special education and related services, a public agency and parent may propose changes to the student's services or placement at an IEP team meeting. When a public agency or parent proposes to change the student's services or placement, the public agency is required to provide the parent with PWN of the proposed changes or refusals.

NOTE:
Public agency personnel shall request the local school superintendent or administrative head of the public agency to appoint a parent surrogate to represent the student at any point in the educational decision making process if it is suspected that the student may be disabled and if:

• The student is a ward of the State;
• The student is an unaccompanied homeless youth;
• The parents of the student are unknown or unavailable; or
• The student’s rights have not been transferred, in accordance with Education Article §8-412.1, Annotated Code of Maryland.