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 https://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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CR C
09/08/2020 6:03 pm

yes, but what if you go to due process, with a partial consent IEP – and the hearing officer finds for the LEA, and states “fully implement the partially consented IEP”? Can a due process hearing officer actually override the parent’s right to partial consent? We’re trying to get to the bottom of it now – but the placement they’re insisting on makes no sense at all.

Cora
02/05/2020 12:04 pm

We are in NC and have asked both at an IEP and also in writing for a service to be discontinued for our child. It is a service where she was to use a 45 minute class period to learn how to improve her study skills and so do better at tests. The class was not successful and the team had no data to show anything happened during this class, so we asked that our child do an elective instead. Unfortunately the LEA had the last say and over ruled us. We asked if as parents did we have the right to refuse service but were ignored. We contacted ECAC Parent help line and they said we could refuse the service. Currently the Principal is insisting on having a full IEP to discuss this and our child is upset at not being allowed to do her elective. IDEA seems to confirm that we have the right ?

Rebecca
12/06/2019 8:46 pm

We recently put our request to revoke speech services at school (in favor of receiving private speech services) in writing at our IEP meeting. The school case worker told us we were not allowed to revoke consent for one service but had to have all services or no services.

Chuck
12/09/2019 1:17 pm
Reply to  Rebecca

Some states take this position, so it is important to check with the state education agency of your state parent training & information project. http://www.parentcenterhub.org/find-your-center

Rebecca
12/13/2019 6:08 pm
Reply to  Chuck

In Texas, they can draw a line in the sand and say we have to accept all services or receive no services.

From http://texasprojectfirst.org/node/313

What Parents Need to Know

“Before you make the decision to revoke your child’s special education services, there are some very important things you need to know:

If you revoke special education services, you are turning down all of the child’s services. You can’t pick and choose the services you want to keep. Revoking your consent is not something you should use if you disagree only to a portion of the IEP proposed by the school. Please see Dispute Resolution Process for more information on what you should do when you disagree.”

We were told at the IEP meeting that we had to accept all services even if we disagreed.

Rebecca
12/13/2019 6:11 pm
Reply to  Rebecca

Since we disagree with speech services, we now have to revoke consent for all special education services or allow the school to implement something we strongly oppose. These IEP meetings are for schools to persuade parents to their point of view and parents really have no power. I’m not sure why parents are even invited to them.

Chuck
12/16/2019 2:20 pm
Reply to  Rebecca

Rebecca, I did not realize you are in TX. You have done your research. I work for the TX Parent Training & information Center. I do not understand why TEA has taken this position, but they have. We have staff all over TX, so you might want to reach out to our person in your area. http://www.partnerstx.org/ or you can contact me at: cnoe59@hotmail.com

Yvonne
08/26/2019 4:59 pm

My son in currently on an IEP for speech and OT. He also gets online tutoring for math and LA. The online tutoring in not working for my son, so I asked that we revoked the SAI service. I was told that revoking SAI would mean we would be revoking the entire IEP! I’ve never heard of this and would love some clarity please. We live in California

Nai
08/09/2019 11:55 am

hello, my daughter has severe dyslexia, dysgraphia and dyscalculia and has been on an IEP for more than 7years, and she has always received all the accommodation she needed and never had a problem. We moved from Florida to Tennessee, and apparently her new high school doesn`t recognize all the doctors documentation about her dyslexia, dysgraphia and dyscalculia, and pretty much all her IEP in general. they are saying that they want to retest her completely to see if she can keep her IEP, change it with a 504 or the worse case took it away. I have a list of all the tests but none of those tests is about m dyslexia. can I refused to sign the paper where I give them permission to test her? Can they tests her anyway? what can I do?
thank you

Chuck
08/12/2019 11:15 am
Reply to  Nai

They need your permission to test, but without that they can say that they cannot say she still qualifies for an IEP. I suggest that you contact TN parent training & information center. They will be able to discuss the rules on this and your options.

Melanie
04/22/2019 3:57 pm

Our daughter has dyslexia and has been on an IEP for 4 years now. We entered a new school this year for middle school and it has become a disaster. The school is insisting that we either have to take the entire IEP with remedial reading (MAP testing scores show her reading level advanced 2 years beyond her grade level) or refuse the entire IEP. Additionallythey are re-writing the goals, accommodations and service deliveries which are not reflective of what was agreed to in the IEP MDT meeting. Can we suspend receiving services without cancelling the IEP while we try and resolve?

Chuck
04/24/2019 2:28 pm
Reply to  Melanie

IDEA rules contain dispute resolution processes for parents and schools to use in situations like this. I suggest you contact your state parent training and information center to learn how to use these in your state. http://www.parentcenterhub.org/find-your-center

Brenda
03/21/2019 10:43 pm

if i have revoked services and change my mind what is the process

Chuck
03/22/2019 11:35 am
Reply to  Brenda

Inform the principal and district special ed director of this and that you are willing to consent to new testing if it is needed.

Lori
03/21/2019 1:43 pm

My seventeen year old has an IEP and has lived out of state for a year and a half in a therapeutic high school. He completed program, enrolled in a step down program, was kicked out and in limbo for three weeks and I was told either he goes back to original facility or another in state program that we did not like, that’s IF they would take him. My son turns 18 may 8th, i requested discharge to return home and our next IEP meeting is coming up. My son only needs 3.5 credits to graduate, he’s registered and all set to begin community college. I was told the IEP team will decide if my son is discharged so I considered terminating IEP, bring him home and conduct a brand new one at a local continuation school.

Molly
03/27/2019 10:51 am
Reply to  Lori

Hi Lori,

My son has autism and I interact with an IEP team, too. Though I do not have definitive advice, I would like to offer empathy and opinion. I think you have the right to terminate the IEP team because sometimes, I feel that the team forgets who is the parent and who can best represent the student’s interest. I actually repeated what I just typed almost in verbatim to the director of Special Services during a recent meeting, and that woke her up a little lol. My intention was not to be confrontational or negative, but sometimes, they are negligent and dictative and seem to forget that the pivotal role is the student, who must come first. Best of luck! Molly

MzSan
02/16/2019 4:11 am

I am a single parent and my child has As. he and the school tries to make it seem like a behavior problem because he will and won’t write. they always tell me he is so bright and very gifted and intelligent but because he have his days he won’t write, they are holding that against him. we have iep meetings where we have set goals for him to try to accomplish but here’s the thing. I feel like I made a mistake. I don’t know much about iep, but some things about it is very understandable and some that isn’t and I believe I made the wrong choice of waiving my rights. I look back at the meeting and I feel like I was ambushed without truly thinking about that decision. my question is can I cancel it and get the rights back? I’m sorry i hope I made sense

Chuck
02/18/2019 1:06 pm
Reply to  MzSan

You can withdraw consent for all special ed services. Some states and districts will allow parents to withdraw consent for some services. Your state parent training and information center can provide you with some ideas and options in dealing with this.

Peter
02/19/2019 2:16 pm
Reply to  MzSan

MzSan: This is so common among children with AS and ASD. My son with ASD struggles with handwriting too, and I have seen the stress that it caused him in the past. I let his teachers know early on that this is not something I am willing to spend too much time on. I only insist that he writes legibly so his answers are clear. Technology is moving in a direction that makes handwriting less important anyway. I understand that there are some definite educational benefits for students that write their notes rather than typing, such as improved comprehension and retention of information.

But when writing becomes a source of anxiety and stress for a child, is it really worth the fight? They have so many other things to deal with that this is probably not the one to focus on…IMO!

Nicki
01/05/2019 12:18 pm

What if the school will not agree that the child’s FAPE will be met elsewhere (such as during homeschooling)?

Chuck
01/07/2019 2:02 pm
Reply to  Nicki

The state dispute resolution processes are intended to assist with disagreements like this. Your state parent training and information center can assist you with understanding these options. http://www.parentcenterhub.org/find-your-center

Nicki
01/05/2019 10:10 am

If you don’t want your child to receive a specific service: I am tutoring my child in a specific reading program for her dyslexia that the school doesn’t provide. As a result I chose to revoke reading services and keep Math. School says I must choose all of nothing. What if you the school to agree that the child will still get FAPE if they are removed from services?

Diane
12/12/2018 11:49 am

THE social worker last year was great! This year guy is not. BUt if we take away the social work… will it then not be available as an option in college when she goes in 2019?

Chuck
12/12/2018 3:48 pm
Reply to  Diane

That would depend on the rules, & services of the college she goes to.

Angela
10/26/2018 6:04 am

My Son was on an IEP for four years. At the end of the year last year the school insisted that my son no longer needed to be on an IEP. School has only been in session for a couple months this year and they are telling us that he is failing already. It is clear that we should have insisted he stay on his IEP. How hard is it to get him back on his IEP?

Chuck
10/26/2018 12:41 pm
Reply to  Angela

IDEA rules make it fairy easy, but the school may or may not be agreeable. I suggest a letter to the principal, & special ed director requesting that he be placed under an IEP again and evaluation be done if needed. They are to respond to this request in writing. If they deny the request they must provide reasons for that decision. Your state parent training and information center can be a resource to assist you in working with the school. http://www.parentcenterhub.org/find-your-center

Donna
10/16/2018 1:54 pm

Hello,
My child has an IEP but it’s was basically from a behavioral point she has never had a problem with learning…how ever she is now wanting to attend a regular school and the only way I can get her in that setting is to revoke the IEP. I asked if I revoke the IEP and things don’t work out what will happen next? The services they are so call providing now are not even helping her she hasn’t met with the therapist from the school since she been there. Thankfully she does see an outside therapist twice a week. How will I every know if she can handle a regular school setting if I don’t allow her to she is now 17 and in the 11th grade. What a parent to do…

Donna

Chuck
10/17/2018 5:18 pm
Reply to  Donna

Your parent training and information center can assist you. http://www.parentcenterhub.org/find-your-center

Amber
08/14/2018 2:54 pm

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
08/14/2018 3:50 pm
Reply to  Amber

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

Valerie
06/08/2018 1:18 am

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
06/08/2018 7:49 pm
Reply to  Valerie

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
02/20/2018 11:48 pm

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
02/21/2018 11:58 am
Reply to  Heidi

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
01/31/2018 1:29 pm

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
02/02/2018 2:49 pm
Reply to  Emily

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

alberto
02/05/2020 2:39 pm
Reply to  Emily

Emily – I had a very similar issue. If your of age, I recommend dropping out and immediately re-enrolling. You have the power to control this situation! Special ed is a scam and designed to help teachers not students.

Cindy
10/19/2017 8:03 pm

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
11/13/2017 4:16 pm
Reply to  Cindy

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
09/07/2017 2:53 am

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
11/13/2017 3:31 am
Reply to  Alex

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

Kim
01/10/2018 9:58 pm
Reply to  Ana

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
02/05/2018 8:11 am
Reply to  Kim

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