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Can I Revoke Consent for a Service in the IEP?

03/21/10
by Wrightslaw

Teacher and student working togetherMy 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.

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37 Comments on "Can I Revoke Consent for a Service in the IEP?"


B
03/31/2015

As a Child I grew up with ADHD. and yes they do give you a IEP for that. and Get your child off the IEP. I had to drop out of highschool so i could avoid the great NY state IEP diploma that has no value and By education standards and Employment. your children will either need stay in highschool to get their GED or HIGHSCHOOL Diploma! Teachers tend to leave this little info out because the IEP is a money making Scam that schools prey on children with Learning disabilities. WE have the right to learn the same material as the “normal” kids do. STOP THE IEP MONEY MONGERING OF OUR CHILDREN!

Susan
04/29/2015

It isn’t the IEP that’s the problem, it’s the public education system itself. The law mandates that special education students must have the same education as everyone else–that’s what the IEP is for, to make that possible. But the public school system doesn’t want to expend the time and money to make that happen, so they just go through the motions and make it appear on paper that they’re complying with the law. Nor does anyone really tell the student or parents what their rights are. There’s not sufficient oversight and checks and balances for the system to work the way it should. Many of us are working very hard to change the system into one that actually works like it’s supposed to. If you go around telling people that the IEP is a money making scam (which isn’t true), you will destroy al that hard work and what little progress we’ve made.

Angela
02/01/2015

I was wondering if someone could help me with this, my son is in 4th grade on an IEP, the school suggested that he attend a more specialized facility. I thought I was going on a tour and afterward felt completely ambushed into signing a change of placement. After I got home and began to think about the situation as a whole, I informed the school and the school board within a day that I had changed my mind and was not sending my child to school at this place. He never started there and when I informed the school, they are denying me the right to send my child back to where he was originally. My son has been out of school now for almost a week while I’m trying to figure out what to do. They never told me that if I signed this I had no recourse in changing my mind and now I’m oblivious of what to do.

Robert
04/28/2015

The school cannot hold you hostage. But would the change of placement benefit your students/child overall learning and ability to progress? As a school the school has the responsibility to provide the best possible educational opportunity in the least restrictive environment. Make sure that you are looking at all of the facts for your child before you withdraw your child from the new program/school that the district suggested. You have the right to request an immediate IEP meeting to address this situation and the school cannot leave your student out of school longer than a 10 day period of time without conducting a manifestation determination hearing. So you have time and the law on your side.

Elizabeth
01/29/2015

This is a very helpful website. Thanks so much to the creator.

I do have another question.
My son is in IEP, WA State. School has IEP in his records. I want to revoke the IEP, but I want the school to erase this label from his school records. As other parents mentioned here once the school system label your child it’s as they are being hostage and the school system do not want to let go. Is this legal? Thank you so much. Elizabeth

Robert
04/28/2015

Elizabeth, Congratulations on your student being able to progress in the regular educational programming without the need for specialized services. The unfortunate truth is that the student records cannot be altered in any way. You can revoke the IEP but if I may suggest to review the IEP. Make sure that you know that your student will not need ANY specialized services. The reason for this is once you have the documentation in place do not let your belief that being labeled a special education student can impede your childs ability to move into the college arena. You can refuse any and all services if this is your choice. But there were specific reasons for having your student identified as needing specialized services. Revisit those needs before you make any decisions.