The implementing federal special education regulations for IDEA 2004 became effective in October 2006. Additional regulations were published in December 2008.
In June 2009, OSEP published a revised series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics.
One issue clarifed by OSEP relates to the new regulations, effective December 31, 2008, regarding parents’ right to “revoke consent” and discipline.
Question A-3: “Do the discipline provisions apply if the child violates the school’s code of student conduct after a parent revokes consent for special education and related related services under 300.300(b)?”
Answer: “No.” Now parents are permitted to unilaterally withdraw their children by revoking consent for special education and related services. When a parent revokes consent under 300.300(b) their child becomes subject to the same disciplinary procdures as general education students and are not entitled to IDEA’s discipline protections.
You’ll find the update Q and A on Discipline here.
Q&A documents will be updated by OSEP to add new questions and answers as important issues arise or to amend existing questions and answers as needed.
Monitoring, Technical Assistance and Enforcement.
Procedural Safeguards and Due Process Hearings.
IDEA 2004: Law, Regulations, and Commentary at Wrightslaw.