D.C. Mun. Regs. tit. 5, r. 5-A3016

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A3016 - PARENTAL CONSENT FOR INITIAL PROVISION OF SERVICES

3016.1

The LEA shall obtain consent from the parent of a child with a disability before initiating the provision of special education and related services to the child.

3016.2

A parent who consents to the initial provision of special education and related services is consenting to the provision of services generally, and may not decline consent for any particular special education or related service designated in the IEP. If a parent disagrees with a particular special education or related service designated in the IEP, the parent may utilize the procedural safeguards in Sections 3049 through 3055.

3016.3

An LEA may not use a parent's refusal to consent to one (1) service or activity to deny the parent or child any other service, benefit, or activity of the LEA.

3016.4

The LEA shall maintain a record that demonstrates reasonable efforts as defined in this chapter to obtain consent from the parent for the initial provision of special education and related services.

3016.5

If the parent of a child with a disability fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services, all of the following apply:

(a) The LEA is not required to convene an IEP Team meeting or develop an IEP for the child for further provision of special education and related services;

(b) The LEA shall not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and

(c) The LEA may not use mediation or due process procedures to obtain agreement or a ruling that the services can be provided to the child without parental consent.

3016.6

A parent who consents to the provision of special education and related services may revoke consent at any time, as follows:

(a) A parent who revokes consent shall submit the revocation in writing;

(b) If the parent revokes consent, that revocation is not retroactive and does not negate an action that has occurred after the consent was initially given and before the consent was revoked; and

(c) If the parent revokes consent after the child is initially provided special education and related services, the LEA is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.

3016.7

If a parent revokes consent prior to the initial provision of special education and related services, the LEA:

(a) Shall provide prior written notice of the LEA's intent to not initiate the provision of special education and related services;

(b) May not initiate the provision of special education and related services to the child;

(c) Is not required to convene an IEP Team meeting or develop an IEP for the child;

(d) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with special education and related services; and

(e) May not use mediation or due process procedures consistent with this chapter to obtain agreement or a ruling that the services can be provided to the child.

3016.8

If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the LEA:

(a) Shall provide prior written notice of the LEA's intent to discontinue the provision of special education and related services;

(b) May not continue the provision of special education and related services to the child;

(c) Is not required to convene an IEP Team meeting or develop an IEP for the child for further provision of special education and related services;

(d) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with special education and related services; and

(e) May not use mediation or due process procedures to obtain agreement or a ruling that the services can be provided to the child.

D.C. Mun. Regs. tit. 5, r. 5-A3016

Final Rulemaking published at 69 DCR 5902 7/1/2022