All Children Can Learn

Informed Consent

Importance of Your Signature

Parents should be fully informed about when their informed consent is required and, just as importantly, when it is not. While it may seem cut and dried, it is critically important information.

As with any other legal document, when you sign school district special education papers your signature is very important. There are three times that your signature is required during the IEP (Individualized Education Plan) process.

	When your child is first evaluated you must give your informed consent.
	When your child is reevaluated you must give your informed consent.
	You must also give your consent before the initial provision of special education and related services.

What parents should know:

Parents are often under the impression that if they do not like an IEP all they have to do is not sign it and it will not take effect. This impression is erroneous. Schools are required by law to provide a free, appropriate public education, or FAPE.

When a special needs child is covered by special education law (IDEA), districts are required to have a legal IEP for that child at all times. If a parent attends a meeting and simply walks out and does not sign an IEP, schools are required by law to provide FAPE, thus the new IEP goes into effect. Not signing an IEP does not invalidate that IEP as many parents think.

If you disagree with the proposed IEP, the district can require you to go to due process and prove that they are not providing FAPE. In that instance, the old IEP stays in effect, IF you told the district you disagreed with the new IEP. However, in the interest of resolving things speedily, (and cheaply for the district), usually they are willing to try to iron out the differences with the parents.

You do not have to sign the IEP at a meeting. You can request a copy to take home, to review its content, and to think about it. Or if the district does not want to do that you might just need to tell them you will just sit and copy the information from their form.

But, if you disagree with your child's IEP, you have an obligation to let the district know that you disagree and with what part of the IEP you disagree. Always do this by writing a Dissenting Opinion. Ask that it be attached to the IEP. Best practice each state can vary, but parents should have a reasonable period of time to consider their decision. In some states that time period is ten days.

Otherwise, schools are obligated to go ahead and initiate the new IEP, under IDEA requirements. If you want to know the requirements in your particular state on any deadline for disagreeing with an IEP, you can contact your State Department of Education for their regulations and best practice guidelines.

Additional State consent requirements

"a State may require parental consent for other services and activities under this part if it ensures that each public agency in the State establishes and implements effective procedures to ensure that a parent's refusal to consent does not result in a failure to provide the child with FAPE. "

Great care has been taken in consultation with appropriate parties as to the accuracy of this information. However, information on this page is not to be construed as legal advice. If you need legal advice, be sure to seek out a lawyer who specializes in special education law.

Be sure you fully understand any document you sign.

Ó 2000, 2007 Judy Bonnell