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PROCEDURAL SAFEGUARDS NOTICE

Your LEA must make reasonable efforts to obtain your informed consent for an initial evaluation to decide whether your child is a child with a disability. Your consent for initial evaluation does not mean that you have also given your consent for the LEA to start providing special education and related services to your child. If your child is enrolled in public school or you are seeking to enroll your child in a public school and you have refused to provide consent or failed to respond to a request to provide consent for an initial evaluation, your LEA may, but is not required to, seek to conduct an initial evaluation of your child by utilizing the Act’s mediation or due process complaint, resolution meeting, and impartial due process hearing procedures. Your LEA will not violate its obligations to locate, identify and evaluate your child if it does not pursue an evaluation of your child in these circumstances.

b.

Special rules for initial evaluation of wards of the State

Under Pennsylvania law, if a child is designated a ward of the state, the whereabouts of the parent are not known or the rights of the parent have been terminated in accordance with State law. Therefore, someone other than the parent has been designated to make educational decisions for the child. Consent for an initial evaluation should, therefore, be obtained from the individual so designated.

Ward of the State, as used in the IDEA, encompasses two other categories, so as to include a child who is:

1.

A foster child who does not have a foster parent;

2.

Considered a ward of the State under State law; or

3.

In the custody of a public child welfare agency.

2.

Consent for Initial Placement in Special Education (34 CFR §300.300)

Parental consent for services

Your LEA must obtain your informed consent before providing special education and related services to your child for the first time. The LEA must make reasonable efforts to obtain your informed consent before providing special education and related services to your child for the first time.

If you do not respond to a request to provide your consent for your child to receive special education and related services for the first time, or if you refuse to give such consent, your LEA may not use the procedural safeguards (i.e. mediation, due process complaint, resolution meeting, or an impartial due process hearing) in order to obtain agreement or a ruling that the special education and related services as recommended by your child’s IEP Team may be provided to your child without your consent.

If you refuse to give your consent for your child to start receiving special education and related services, or if you do not respond to a request to provide such consent and the LEA does not provide your child with the special education and related services for which it sought your consent, your LEA:

1.

Is not in violation of the requirement to make FAPE available to your child for its failure to provide those services to your child; and

2.

Is not required to have an IEP meeting or develop an IEP for your child for the special education and related services for which your consent was request.

3.

Consent for Reevaluations (34 CFR §300.300)

Your LEA must obtain your informed consent before it reevaluates your child, unless your LEA can demonstrate that:

1.

It took reasonable steps to obtain your consent for your child’s reevaluation; and

2.

You did not respond.

4.

What is Documentation of Reasonable Efforts to Obtain Parental Consent? (34 CFR §300.300)

Your LEA must maintain documentation of reasonable efforts to obtain parental consent for initial evaluations, to provide special education and related services for the first time, to reevaluation and to locate parents of wards of the State for initial evaluations. The documentation must include a record of the LEA’s attempts in these areas, such as:

1.

Detailed records of telephone calls made or attempted and the results of those calls;

2.

Copies of correspondence sent to the parents and any responses received; and

3.

Detailed records of visits made to the parent’s home or place of employment and the results of those visits.

3July 2008 Revisions

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