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PROCEDURAL SAFEGUARDS: SURROGATE PARENTS, NOTICE AND PARENTAL CONSENT - Regulations

9. Specify that LEAs may not use the dispute resolution procedures in section 615 (subpart E) to obtain parental consent for the initial evaluation or the reevaluation of a child who is home schooled or who is placed and funded by the parents in a private school.

If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the public agency may not use the consent override procedures (described in 34 CFR 300.300(a)(3) and (c)(1)) (i.e., the procedural safeguards in subpart E including the mediation procedures under 34 CFR 300.506 or the due process procedures under 34 CFR 300.507 through 300.516). The public agency is not required to consider the child as eligible for services under 34 CFR 300.132 through 300.144 (provision of services to parentally-placed private school children with disabilities).
[34 CFR 300.300(d)(4)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why do you suppose the provisions make a distinction between the use of dispute resolution procedures for parents of children enrolled in public school versus those in private schools?


Application Questions

  1. How might the State/district ensure that parents of parentally placed private school children and children that are home schooled understand this provision?


  2. How might the State/district ensure that parents of parentally placed private school children understand the impact of the parent’s refusal of consent on the provision of services to their children?

    These questions were developed by the following stakeholders working together:

    Role: Teacher
    Location: West Virginia

    Role: Family Member
    Location: New Jersey

    Role: General Education Administrator
    Location: California

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Illinois

    Role: Special Education Administrator
    Location: Kentucky