Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 9
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44Parental Consent for Services
The school division must make reasonable efforts to obtain your informed consent before
providing special education and related services to your child for the first time.
If you do not respond to a request to provide your consent for your child to receive special
education and related services for the first time, or if you refuse to give such consent, your
school division may not use the procedures for mediation and due process in order to obtain
agreement or a ruling that the special education and related services (recommended by your
child's IEP Team) may be provided to your child without your consent.
If you refuse to give your consent for your child to receive special education and related services
for the first time, or if you do not respond to a request to provide such consent and the school
division does not provide your child with the special education and related services for which it
sought your consent, your school division:
1. Is not in violation of the requirement to make a free appropriate public education (FAPE)
available to your child for its failure to provide those services to your child; and
2. Is not required to have an Individualized Education Program (IEP) meeting or develop an
IEP for your child for the special education and related services for which your consent
was requested.
Parental Consent for Reevaluations
Your school division must obtain your informed consent before it reevaluates your child, unless
your school division can demonstrate that:
1. It took reasonable steps to obtain your consent for your child's reevaluation; and
2. You did not respond.
In that case, the school division will proceed with the re-evaluation process.
If you refuse to consent to your child's reevaluation, the school division may, but is not required
to, pursue your child's reevaluation by using the procedures for mediation and due process to
seek to override your refusal to consent to your child's reevaluation. As with initial evaluations,
your school division does not violate its obligations under the IDEA if it declines to pursue the
reevaluation in this manner.
Documentation of Reasonable Efforts to Obtain Parental Consent
Your school division must maintain documentation of reasonable efforts to obtain parental
consent for initial evaluations, to provide special education and related services for the first time,
to reevaluate, and to locate parents of Wards of the State for initial evaluations.
The
documentation must include a record of the school division’s attempts in these areas, such as:
1. Detailed records of telephone calls made or attempted and the results of those calls;
2. Copies of correspondence sent to the parents and any responses received; and
3. Detailed records of visits made to the parent’s home or place of employment and the
results of those visits.
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