Sunday, November 12, 2017

Parental Consent in the IEP Process. Part 1: The Basics

Parent Consent in the IEP Process
Part 1: The Basics

What The Law Says:
Parents in Maryland now have the right to consent or refuse to consent if the Individualized Education Program (IEP) team proposes to:

1) enroll their child in an alternative education program that does not issue or provide credits towards a Maryland High School Diploma;

2) identify their child for the alternative education assessment aligned with Maryland’s alternative curriculum;

3) include restraint or seclusion in their child’s IEP if the behavior and circumstances are described. *Restraint and seclusion may be used in an emergency without parental consent in accordance with Maryland law.

What Are the Options:
Consent, refuse to consent, neither.

Consent:  If a parent consents to one of the actions described above, the IEP team will implement the action.  For example, if a parent consents to an alternative assessment, the school staff will instruct the student on alternative learning outcomes and will assess them using the alternative education assessment.  The student would be on a certificate track.

Refuse to Consent:  If a parent, refuses to consent to one of the actions described above, the school district cannot implement the proposed action. For example, if a parent refuses to consent to an alternative assessment, the school staff must instruct the student on the Maryland Content Standards and will assess the student using the grade level state assessments.  The student will be on a diploma track.  The school district has the option to pursue mediation or a due process hearing to seek consent for the proposed action.

Neither Consent nor Refuse to Consent:  If a parent does not want to risk the possibility of a due process hearing, they can choose to do neither (consent or refuse). The IEP team must then provide the parent written notice of their right to consent or refuse to consent.  The notice must explain that if the parents do not respond/provide written consent or refusal within 15 business days, the IEP team’s proposed action will be implemented.

IEP teams must review these determinations annually.

The Maryland State Department of Education (MSDE) Parent Consent Technical Assistance Document provides additional guidance related to these new requirements.


Watch For Our Next 2 Parts in this Blog Series:
Part 2:  Alternative Education Assessment and Alternative Learning or Certificate Programs
Part 3:  Restraint and Seclusion


If you have questions about how these new requirements relate to your child's IEP, please contact me at ashley@lawforparents.com to schedule a consultation.  

Disclaimer:  This blog is made available by Law for Parents, LLC for educational purposes only as well as to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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