Informed Consent – Notice of Procedural Safeguards – Notifications

Written Notice and Procedural Safeguards:

*For those actions that require Prior Written Notice, but DO NOT require provision of a copy of the Procedural Safeguards, the following statements must be included on the Prior Written Notice form:

1.  A statement of the parents’ protection under the Procedural Safeguards and a means by which a copy can be obtained, AND
2.  Sources for parents to contact to obtain assistance in understanding the provisions of the Procedural Safeguards.

Informed Consent

What does IDEA ’04 require?

IDEA ’04 requires that informed parent consent must be obtained before the district:

1. Conducts an initial evaluation
2. Conducts a reevaluation.
3. Initially places the child in a special education program.
4. Releases any personally identifiable information about the child to any person or agency not entitled by law to see it.

Consent for initial evaluation should not be construed as consent for initial placement.

Consent means:

1. That the parent has been fully informed, in his or her native language or other mode of communication, of all information relevant to the activity for which consent is sought.
2. The parent understands and agrees in writing (the parent’s signature on the consent form) to carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists any records that will be released and to whom.
3. The parent understands that the granting of consent is voluntary and may be revoked prior to the action requiring consent transpiring.  However, once the evaluation has been completed, a parent may not revoke consent to revert the child to a previous status or have the evaluation disregarded.

Parental consent is NOT required before

1. Reviewing existing data as part of an evaluation or reevaluation
2. Administering a test or other evaluation that is administered to all children, unless consent is required of parents of all children.

Notice of Procedural Safeguards

What does IDEA 04 require?

IDEA 04 requires that a copy of the Notice of Procedural Safeguards be given to parents at least once a year, except as noted below:

1.  Initial referral for evaluation

At the point of referral, the district must provide to the parent a copy of the Notice of Procedural Safeguards.  For a parent referral, it is the date that the district received either the verbal or written request from the parent to conduct an evaluation.  For a district referral, it is the date that the screening/review team made the decision that an evaluation should be conducted.

2.  Parent request for an evaluation/reevaluation

When the parent requests an evaluation or reevaluation, a copy of the Notice of Procedural Safeguards must be provided.

3.  Request for due process hearing
Whenever a parent files a request for a due process hearing, a copy of the Notice of Procedural Safeguards must be provided.

4.  Upon request of the parent

A parent should be given a copy of the Procedural Safeguards whenever requested.

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Notifications

What does IDEA 04 require?

A district is required to notify parents of actions it is taking.  Like a Prior Written Notice, these notifications have certain statements and information that they must contain and they must be provided to the parent prior to the district taking any action.  However, unlike Prior Written Notice, not all of these notifications must be in writing.  Districts must document any notifications given verbally.  As with Prior Written Notices, some notifications require that the Notice of Procedural Safeguards accompany them, and some do not.  Notifications must be given under the following circumstances:

1.  Notification that no assessments are required as part of the reevaluation
If the IEP team determines that no assessments need to be conducted to complete the reevaluation, the district must notify the parent of this decision.  The notification that no further assessments are necessary must include:

*  what the determination was and the reasons for it, and
*  the right of parents to request an assessment to determine whether the child continues to be a child with a disability

The notification may be provided either verbally or in writing and does not have to be accompanied by the Notice of Procedural Safeguards.

2.  Notification of an IEP meeting

Districts must take steps to ensure that one or both parents are present at each IEP meeting or are afforded the opportunity to participate.  This requires that the district:

*  Notify the parents of the IEP meeting early enough to ensure that they have an opportunity to attend, and
*  Schedule the meeting at a mutually agreed upon time and place.

This notification may be provided either verbally or in writing.

All IEP meeting notifications must contain the following:

*  Purpose of the meeting
*  Time, date, and location of the meeting
*  Who will be attending the meeting

3.  Notification of Transfer of Rights

One year prior to the student’s 18^th birthday, the district must notify both the student and the parents of the Parental Rights under Part B that will transfer to the student upon reaching the age of majority.   SPED central off ice personnel are responsible for sending this notification.

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