Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 11
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44 Any partial or complete termination of special education and related services, except if your
child graduates with a standard or advanced studies diploma.
Your consent is not required before your school division may:
1. Review existing data as part of your child's evaluation or a reevaluation; or
2. Give your child a test or other evaluation that is given to all children unless, before that
test or evaluation, consent is required from all parents of all children.
Your school division may not use your refusal to consent to one service or activity to deny you
or your child any other service, benefit, or activity.
If you have enrolled your child in a private school at your own expense or if you are home
schooling your child, and you do not provide your consent for your child's initial evaluation or
your child's reevaluation, or you fail to respond to a request to provide your consent, the school
division may not use its consent override procedures (i.e., the mediation and due process
procedures) and is not required to consider your child as eligible to receive equitable services
(services made available to parentally-placed private school children with disabilities).
Consent – Special Requirement Regarding Foster Parents
If your child is living with a foster parent, and your parental rights have not been terminated,
your school division must send you a written notice that school personnel will rely on the foster
parent to make decisions regarding your child’s special education program.
These decisions
relate to matters regarding your child’s IEP services and placement, as well as eligibility
decisions.
The school division will send you this written notice in the beginning of the school year or at any
time throughout the school year when there is a meeting related to your child’s IEP or eligibility
for special education and related services. The school division’s notice remains in effect until
you advise the school division that you will respond as your child’s biological or adoptive parent
in matters involving your child’s special education program. Do make sure that the school
division has your current mailing address and contact information.
Transfer Students – What happens if you move?
If your family moves to another school division in Virginia or you have moved from another
state to Virginia, your new school division does not need your consent to immediately implement
your child’s IEP in the new school; however, your new school division must ensure that your
child has available special education and related services, in consultation with you, and include
services comparable to those described in your child’s IEP.
• Your new school division will contact your former school division and make every effort to
obtain your child’s records relative to the provision of special education and related services.
Your new school division then will decide on one of the following options, to either:
adopt and implement the previous IEP with your consent, or
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