Consent: PARENT RIGHT TO OPT OUT OF AN IEP, PLACE IN A PRIVATE SCHOOL

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Elizabeth:  We are in MA, we decided to check our 6 grade kid out to attend a private school w/o services. she is in a last process of an IEP re evaluation. they want to complete it even though she is being pulled to another school & want me to take her to continue the special services by my own means which I do not have a car to take her.

I do not fully know my rights & I feel intimated by them. we are wanting to opt out on an IEP re evaluation but I am afraid they will threat me even more we given them a written notice. it seems they do not want let her go, nor withdraw her from the services. what will happen after we had given them a written notice & they still want to pursue due process, we do not have the means to afford a lawyer?

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Sophie

I don’t understand what you said about your plan to place the child in a private school. However, I do want to warn you that if you were to end up in due process some day, if you appeared uncooperative, by for example refusing to consent to a triennial re-evaluation, that might look bad to a hearing officer. However, if you have a valid reason for objecting to a particular evaluation (for example, that very instrument was used recently), then it is fine for a parent to assert him or herself, by asking careful questions about what exactly the district is proposing to include in the evaluation, and what information they are hoping to obtain.

Chuck

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