Section Ed 1120.04 - Parental Consent(a) An LEA shall obtain informed, written consent from the parent of a child with a disability prior to: (1) Conducting an initial evaluation;(2) Initial provision of special education and related services to a child with a disability;(3) Annual renewal of the IEP and placement of a child with a disability;(4) Determining or changing the disability classification;(5) Changing the nature or extent of the special education or special education and related services;(6) Conducting a reevaluation;(7) Access to public insurance pursuant to 34 CFR 300.154(d); and(8) Each time the public agency proposes to access private insurance.(b) If a parent fails to respond to a request for informed, written consent to any of the actions described in Ed 1120.04(a)(3), (4), (5), or (6), the LEA shall proceed in accordance with Ed 1120.06.(c) Parents of children with disabilities shall have 14 days after the sending of written prior notice under Ed 1120.03 to sign documents included with the notice to indicate consent, or refusal of consent or partial consent as set forth below:(d) A public agency shall not use a parent's refusal to consent to one service or activity or request of additional services, or activities to deny the child any other services or activities to which the parent has consented.(e) When the parent refuses consent to one or more of the proposed services or activities, and/or requests changes to services or activities in the initial proposal, the parent shall specify, in writing, the items that they are refusing or requesting.(f) Upon receipt of a parent's partial consent, the LEA: (1) May schedule a mutually agreeable time and date for an IEP team meeting;(2) Shall, if requested by the parent, pursuant to Ed 1109.06(b) convene the IEP team to discuss the requested changes and/or additions to the IEP, except as set forth in (3) below.(3) May refuse to convene the IEP team meeting if it determines that the requested changes and/or additions to the IEP have been addressed at a prior IEP team meeting. In such event, the LEA shall issue a Written Prior Notice pursuant to Ed 1109.06(b)(3), explaining why the LEA refuses to convene the meeting.(g) If a parent refuses consent for a proposed IEP or placement, the child's most recent agreed upon IEP placement, or both shall remain in effect unless the LEA and parent agree otherwise, until the matters are resolved unless and until a party files for due process, in which case the IEP and placement shall be governed by 34 CFR 300.518.(h) A parent or a public agency may file a due process complaint on any of the matters described in 34 CFR 300.503(a) (1) and (2) and Ed 1120.04(a), pursuant to 34CFR 300.507.(i) The 14-day time limit shall be extended if the LEA and the parent mutually agree to an extension.(j) LEAs shall advise the parent in writing of:(1) The necessity of signing documents which describe actions requiring the parent's consent for the purpose of ensuring the timely provision of appropriate services;(2) The parent's right to access all of the rights and procedures outlined in this section if the parent disagrees; and(3) The parent's right to an extension of the 14-day time limit, provided the parent and the LEA mutually agree to such extension.(k) A copy of any document signed by a parent in which the parent gives consent in writing shall be provided to the parent, and a copy of such document shall also be placed in the child's education records.N.H. Admin. Code § Ed 1120.04
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10590, Effective 5/15/2014, Expires5/15/2024.Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.