Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 8

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P
C
ARENTAL
ONSENT
You have certain consent rights.
For example, the school must get your
consent to evaluate your child for special education, and to start, change, or
stop providing special education and related services.
Consent for Initial Evaluation
Your school division cannot conduct an initial evaluation of your child to determine whether
your child is eligible under the IDEA to receive special education and related services without
first doing the following:
1. Providing you with prior written notice of the proposed action; and
2. Obtaining your consent.
Your school division must make reasonable efforts to obtain your informed consent for an initial
evaluation to decide whether your child is a child with a disability.
Your consent for initial evaluation does not mean that you have also given your consent for the
school division to start providing special education and related services to your child.
If your child is enrolled in public school or you are seeking to enroll your child in a public school
and you have refused to provide consent or failed to respond to a request to provide consent for
an initial evaluation, your school division may, but is not required to, seek to conduct an initial
evaluation of your child by utilizing mediation or due process procedures later described in this
document. Your school division will not violate its obligations to locate, identify and evaluate
your child if it does not pursue an evaluation of your child in these circumstances.
Special Rules for Initial Evaluation of Wards of the State
[If a child is a ward of the State and is not living with his/her parent]
The school division does not need consent from the parent for an initial evaluation to determine
if the child is a child with a disability if:
1. Despite reasonable efforts to do so, the school division cannot find the child’s parent;
2. The rights of the parents have been terminated in accordance with State law; or
3. A judge has assigned the right to make educational decisions and to consent for an initial
evaluation to an individual other than the parent.
Ward of the State, as used in the IDEA, means a child who, as determined by the State where the
child lives, is:
1. A foster child;
2. Considered a ward of the State under State law; or
3. In the custody of a public child welfare agency.
Ward of the State does not include a foster child who has a foster parent.
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