The Wrightslaw Way

to Special Education Law and Advocacy

The Wrightslaw Way random header image

Can I Revoke Consent for a Service in the IEP?

03/21/10
by Wrightslaw

My son is dyslexic. He has an IEP and receives services in a special education classroom. Because he is not making enough progress, I enrolled him in the Barton Reading program. The school is implementing a new reading program that will conflict with the Barton program.

If I refuse consent for this new intervention program, can the school terminate my son’s IEP?

No.  You can revoke your consent for special education services in writing at any time. (Note: The regulations about a parent withdrawing consent for special education services changed on Dec 31, 2008.)

As the parent,  you represent your child’s interests. You are a key member of the IEP team. When you negotiate with the school on your child’s behalf, you increase the odds that your child will receive appropriate special education services that are designed to meet his unique needs.

The school must obtain your consent before your child is evaluated, reevaluated, or placed in special education. Consent means that you understand and “agree in writing” that the school may carry out the activity for which they need your consent. Granting consent is voluntary. You may revoke your consent at any time. (see Regulations adopted on December 31, 2008 at www.wrightslaw.com/idea/law/FR.v73.n231.pdf)

Implementing Part of the IEP

You can allow the school to implement parts of the IEP. The school may not draw a line in the sand, or force you to accept the IEP “all or nothing.”  The school may not use your refusal to consent to one service to deny other services, benefits, or activities in your child’s IEP. (34 C.F.R. § 300.300(d)(3)) See page 24, Wrightslaw: All About IEPs, and page 239, Wrightslaw: Special Education Law, 2nd Edition.

After you revoke consent for a service, the school may not continue to provide that service. (Regulations adopted by USDOE, effective December 31, 2008 at http://www.wrightslaw.com/idea/law/FR.v73.n231.pdf)

If you don’t want your child to receive a particular special education or related service,  and you and the school agree that your child will receive FAPE without that service, the school should remove the service from the child’s IEP. Be sure to put your request in writing.

Print Friendly

Tags:   · · · · 26 Comments

Leave A Comment

26 responses so far ↓

  • 1 mm 02/18/14 at 10:50 pm

    My son’s last-consented-to IEP includes a 15-minute pullout service to work on one organizational goal. At the end of last year, I told the IEP team that I did not believe he needed this goal or service. They would not remove it, and so I did not sign the annual review. We are in stay-put. At the beginning of this year, knowing this 15-minute service would interfere with his academic classes (he has a full schedule), I revoked consent for this one service in writing. The school responded and said I could not “retroactively” revoke consent. From September until now (February) the school has continued to insist they must provide the service and claim if they don’t he won’t receive FAPE. My son and I are beyond frustrated. What can we do?

  • 2 Sharon L. 05/24/13 at 10:27 am

    kc, services are independent of one another on an IEP. If one service is deleted it does not automatically mean that all services are deleted. If the school threatened to do this request that comment in writing. I believe they will not put that in writing as it is illegal. Usually a parent cannot just request an end to a service. It should be a team decision. Request an IEP meeting & discuss it. See why they do not want to release him from the services. You may agree with what hey say. If not you can bring in evidence as to why you think he no longer needs speech.

  • 3 kc 05/20/13 at 2:26 pm

    my son is being served in Special Education for SLD, OHI, and SI. He will be entering high school in the Fall. I told his teachers at the meeting that I did not want him to receive services in High School for Speech. Speech, I understand is a related service. I was later told that if I ask for speech to be discontinued, I forfeit my rights for any special education services what so ever. This does not seem right. As a parent, don’t I have the right to accept and deny services for my child? After reading this I feel like I am okay, but I want to make sure.

  • 4 Sharon L. 04/03/13 at 8:48 pm

    Nancy,
    It is my understanding that “stay put” occurs when a due process lawsuit is in place. I have not signed IEP’s & some of my friends have not either. What will happen is that the school will need to send you a Prior Written Notice letter to explain why they want to do what they are telling you. Sometimes when you refuse to sign more negotiation and talks occur. Sometimes the school will move forward and send the prior written notice telling you they are going to move forward. Hold your ground if you believe you are right. GEt together with professionals to get evidence on your side. This will go far. You can always consider hiring an attorney even for a mediation before going into full blown due process.

  • 5 nancy 04/03/13 at 6:46 pm

    can a parent demand a specific ABA provider? If I decline to sign the current IEP does “stay put” include the specific ABA provider at the time of the last agreed upon IEP. Can the district replace the ABA provider from the last agreed upon IEP with a different ABA provider?

  • 6 Linda 10/24/12 at 6:04 pm

    This may be an old statement that you made in 2010, because I work as an OT in the schools within Washington state, and we have been told the IEP is an “all or nothing” agreement. So, now I am confused.
    If a parent wants to remove OT services, but continue with the other goal areas, is that allowed? What happens when the parent wants OT reinstated?
    Also, does the term revoke apply only to special education as a total service? Or is the word revoke used when it is only one goal area of the IEP they want to eliminate service in? Thank you

  • 7 Susan 04/21/11 at 2:28 am

    Our district is using this against us – the school says if we revoke consent for one service, we have revoked consent for all services and lose them. Actually, we didn’t even revoke consent, but asked the school not to have one sub work with our child

    They have brought Due Process against us for revocation of consent. Please help us understand under what conditions, if any, parents are allow to partially revoke consent.

  • 8 Daddy-O 12/03/10 at 10:41 pm

    My son receives physical therapy & we are not happy with his physical therapist. I know the school has to provide the service as it is in his IEP, but can we change therapists & are they required to provide a different one? We are in NY.

  • 9 Dorothy 08/05/10 at 6:02 pm

    My daughter has Down Syndrome and is registered at our neighborhood school. Last year she attended pre-K in a General ed classroom and her teacher has recommended inclusion. Our school district in GA places all Kindergarteners and 1st graders in a Program non catagorical unit which is a self contained classroom. Our local school has a Special ed teacher, but no PNC unit. The school has told us that if we do not send her to the school with the PNC it means we are declining special ed services and she will no longer be eligible for Speech, Hearing impaired services, etc. They said, It’s all or nothing and we can’t pick and choose services. Is asking for placement in our local school in an inclusive classroom the same as declining services? Can they take away speech and other services if we do so?

  • 10 Victor 08/03/10 at 10:21 am

    In California, We have a regional center ABA provider and the School is using a different provider. We can not force the school to switch. After our IEP, we stated that there should be one provider to keep the same techniques, methodologies, and curriculum the same. The school has made FAPE but we still have the right not to consent to their provider and have done so for the past year. They are still providing ABA services. The next step is getting a restraining order. I am surprised that the school’s “provider” would not just walk away? They are just a bad ABA provider and do not consider what parents wants and needs for their unique child (its all about money). Hope the other parents that read this do not have a school district that is so hateful.

  • 11 todd 05/11/10 at 10:35 am

    Your statement that parents can revoke consent for only part of special education services is wrong. Under the headline “Implementing Part of the IEP,” and immediately following your commentary that a parent can provide forward-looking consent to only certain services (which is accurate), you state:

    “After you revoke consent for a service, the school may not continue to provide that service. (Regulations adopted by USDOE, effective December 31, 2008 at http://www.wrightslaw.com/idea/law/FR.v73.n231.pdf)”

    Parental revocation of consent for provision of special education services is an all or nothing proposition, and this is made explicitly clear in the federal regulations and commentary. It is unlike forward-looking consent in this respect. There is no ability to retroactively revoke consent for only part of an IEP.

  • 12 Sharon 04/14/10 at 5:16 pm

    A. Hoover – You need to request in writing a reading and language arts standardized test by the school. I would send it certified mail to the special ed director and copy the principal. Put in why and that you are looking forward to hearing back from them in 5 business days. When you meet to discuss this be sure to ask if there is a paper that the school has you sign for this testing request. In my district the “60 day clock” does not start ticking until the school’s paperwork is signed by you. This way you will not waste time since your child is in 11th grade. Students may remain in school until age 22 so you have time to get the services you need for your child. It is part of an education system to teach your child to read. It is your child’s right.

  • 13 Wrightslaw 04/14/10 at 4:43 pm

    A. Hoover: Retention may not be the answer for your child, but you are right about the fact that they need to teach her to read. Your comment – not interested in what “works” for the teacher, but what works for your daughter – was priceless. What 31 year old program is the teacher using? How does it measure up in the reports from FCRR, intended to help teachers, principals, and district personnel choose materials that will be used by skilled teachers to provide effective instruction. http://www.wrightslaw.com/info/read.programs.frcc.htm

    For more info and resources on teaching a child to read go to: http://www.wrightslaw.com/info/read.index.htm

  • 14 A. Hoover 04/14/10 at 12:30 pm

    I have been at odds with the school district and their failure to implement IDEA 2004 as of the day of writing this! All I have ever asked, pleaded, begged and have now demanded is that they “TEACH MY DAUGHTER TO READ AT THE MOST BASIC LEVEL”! She has NEVER been assessed to see which program will work for her and in fact her teacher at a meeting in May 2009 stated “I have been using this program for 31 years and it works fine for me”! (direct quote) I advised her I was not interested in what “works” for her, but what works for my daughter…nothing done. She is in the 11th grade (they have insisted she is “pre-academic”) and I want them to retain her in that grade/find the reading program that WORKS FOR MY DAUGHTER, and teach her to read. THEY HAVE REFUSED THIS REQUEST FOR YRS. They treat these children as if they are “herded cattle”.

  • 15 Mike 04/07/10 at 10:45 pm

    My daughter is in IEP and she has been doing better since i have taken control of making sure she does her homework. I check it and if she gets things wrong she goes over it and makes corrections. Thats part of the learning process. Anyhow when she did take her home work to school they checked it together and she would just erase the wrong answers and replace them with the right answers given by the teacher. This type of process is not learning. Then they would take Tests in class and if they failed it they could take it over after they removed some choices on the test. This seems to be like making the test easy for them to pass and is not a correct way that a test should be given. A test is a measuring tool to see what the child has learned. IEP is just pushing our kids through and thats a problem.

  • 16 Sharon 03/29/10 at 5:02 pm

    Karen – I would not revoke consent for services but instead have another IEP meeting to discuss the services you have. It is the school’s responsibility to teach your child to meet the state standards and the IEP goals. If you have a local organization for children with learning disabilities (LDA of America can help. They have a website) you can perhaps have access to an advocate that can review your child’s evaluation and IEP. I know how you feel about being intimidated but the best way to deal with it is to get educated. Read about the disability, talk to an advocate, your physician to get some referrals, etc. Perhaps you know other parents that can help. I never go into IEP meetings by myself and I always take a tape recorder so I don’t forget anything. I just let the school know.

  • 17 Karen 03/29/10 at 3:07 pm

    My son is entering high school this year and his teacher told me he was not smart enough to learn anything therefore she would only advise to have him learn living skills. I want to revoke the IEP which I signed for because she intimidated me with the Principal, Special Ed Director, and other teachers in the meeting. I don’t feel my son is not capable of learning, I just feel it’s the teacher who lacks faith in her student! please help!!!

  • 18 ted 03/29/10 at 1:15 am

    Karen – It may be that your son’s speech difficulties caused spelling and fluency difficulties, but that is not the same as saying working on speech will fix spelling and fluency.

    The RTI model is not funded. It is a model that changes way the school thinks about teaching children. The goal is to provide intervention quick not wait for failure. If your son is not making progress with RTI then he needs either greater frequency, different instruction, or a different level of instruction.

    If spelling is an issue. I highly recommend an assessment called SPELL Links to Literacy

  • 19 karen 03/28/10 at 2:25 pm

    Classified as speech impaired, my son’s speech pathologist has determined all viable goals are met and is removing him from speech services.

    He is being provided RTI services in his classroom to support fluency weakness in reading and writing and spelling. In contrast, my son’s reading comprehension and vocabulary are above grade level.

    The school reading specialist and speech pathologist have stated there is no correlation between his articulation delay/speech impairment and spelling and reading fluency weakness.

    Furthermore, the school would not identify the classroom instruction or progress/non progress to RTI on my son’s IEP for speech services.

    Why not?

    Also, Where do the funds for RTI come from: My school is as confused about this as I am.

    And, how is fidelity of this instructional approach monitored?

  • 20 Sharon 03/27/10 at 11:09 am

    Erica: In our state Ohio we are able to request an IEP meeting anytime. This is where you may change the items that must be sent to you quarterly or how the school will document how they are meeting your child’s IEP goals. If there is no homework either the reading program is such that it is all hands on or the school will have no evidence that your son is progressing. You need to get together with them to understand the reading program and ask for evidence of progress. The best evidence is standardized tests as this is the only thing that means anything legally if you need to go that route.

  • 21 Erica 03/25/10 at 5:20 pm

    Can someone please help me understand stand the rights and wrongs of IEP’s for the state of Maryland, please. My son, has an IEP for reading comprehension and NEVER receive homework with his reading class. How is that helping him where he suffers?

  • 22 yes1 03/24/10 at 4:42 pm

    thank you for this article. How many times was i told by the school system that it was “all or nothing,” even in a prior written notice and on the witness stand in a due process hearing (I lost count). And i had to file due process if i didn’t agree with the IEP team.

    when a “service” took place of a regular class/program with regular kids, that’s when I objected to a particular service or program. I argued and argued. I shouldn’t have to anymore.

  • 23 Chuck 03/23/10 at 12:38 pm

    In looking at 300.300(d)(3) I do not read it to address specific services under the IEP, unless a state requires such consent.

    School attorneys routinely tell schools that they can provide services & placements over parents objections, if they can defend what they are recommending. The dispute resolution process is set up to deal with such disagreements over services. Could you provide more legal, court, etc citiations to assist parents on this issue, since it is a common problem for parents?

  • 24 Sharon 03/22/10 at 1:04 pm

    I would never consider revoking IEP services for the reasons you suggest. It is very difficult to get the services back. Better to work wtih the school to get the things you need.

  • 25 David1 03/21/10 at 4:56 pm

    My son’s IEP substituted State Mandated End of Course testing.

    An IEP meeting was held after the school year for review of the following year IEP. The District added the end of course requirement to the following year’s IEP. My son had already completed the course and was penalized by getting a 0 for 20% of his final grade in the 08-09 subject that the EOC was added.

    The district’s attorney advised that since they gave us Prior Written Notice of their plans to propose this change, parents are not required to agree with their decision to add this requirement to the 09-10 IEP.

    Even though is it was clearly added to the 09-10 IEP, the district reduced my son’s grade in the course for the 08-09 despite the IEP documenting that a substitute test would be accepted.

  • 26 test 03/21/10 at 1:24 pm

    What happens if the school doesn’t agree that it is “Appropriate” the A in FAPE?