Can I Revoke Consent for a Service in the IEP?

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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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Amber

This seems to be a bit of an older thread so I’m hoping I can get an answer here. My son has Spina Bifida. As he was exiting pre school they convinced me this new program they were starting was “perfect” for him and would be highly benefical and he would still be a part of gen ed. Sounded great to me so I consented to “life skills” in his IEP….only I found out different when school started. So I called another IEP meeting where once again I was dooped into thinking they fixed what I wanted for him…it wasn’t until 1st grade IEP meeting the red flags really went off…the biggest was a statement by his teacher of “Dominic enjoys collecting the recycling”…wait…WHAT?! I quickly discovered they told me what I wanted to hear just to be able to keep him there. Can I withdraw conscent?

Chuck

You have a number of options. I suggest that you contact your state parent training & information to talk about the options you have.

Valerie

Need answers I went to an IEP meeting for my son I thought I was going to hear just good news about his progress but Instead was told they want to change him schools they can’t meet his needs anymore that he’s progressing to well and want to send him to another school I am not happy with the area of the school the student teacher ratio or the overall academic score of the school I just want the best for my son I grew up in schools like this didn’t make it anywhere I no want I want for him and this transition I do not want I’m happy were he’s at what can I do

Marcus

Valerie,

First off its great that your son is making progress. The school cannot just transfer your son. You need to fight this and invoke stay placement to ensure your son says in his school. This usually happens during a due process hearing. You can request mediation with the school or use your states dispute resolution

Heidi

Hi, my son’s has IEP service. So, if he apply for a job in the future, will IEP affect his study? Like, the company who will hire him could ask the high school, college where he was studying in about IEP or not? Will they have the right to know what services my son had in school, and the IEP service will affect his future when he apply for a job in the future or not? Please tell me more about that. Thanks so much.

Chuck

The answer can vary by state. I suggest that you contact your state parent training & information center. http://www.parentcenterhub.org/find-your-center

Emily

My name is Emily, I’m a high school student and I have been stuck in resource math since kindergarten. Now let me clarify that I am not a disabled student, my kindergarten teacher enrolled me in special education with my parents consent and now I have been stuck with an IEP ever since. My parents are however aware of my situation and are searching for a solution to remove my IEP. If I may ask, I would like to further enhance my search for a solution to my problem.

Chuck

I suggest that you contact your state parent training and information center. They will be knowledgeable of the state rules and your options. http://www.parentcenterhub.org/find-your-center

Cindy

Id like to know if i disagree with mobility services for my child, can the school still provide said services even if i don’t want this service for my child?

Chuck

If they are offering this for the first time, yes. After a student is in special ed, the state rules may or may not allow you to stop this. You can always use the dispute resolution process to challenge decisions. Your state parent training & information center can assist you. http://www.parentcenterhub.org/find-your-center

Alex

What if the teachers tell your parent that you should keep going for more help but your parent or kid wants to take it off, can you or not? Is the iep mandatory?

Ana

I’m on the same boat . What did you do?

Kim

My daughter has nf1 and she is meeting all her goals this year for special education. Her Iep meeting is coming unfortunately I can’t make it. But i want to get my daughter out of special education because shes had bad experience with one teacher who barely spoke English. The school fired her. So I dont know what to do. I lost full respect for this school. Any thoughts

sally

You always have the right to revoke consent for Special Education.