Connecticut Special Education: Understanding Informed and Written Consent

What does informed written consent mean?

Informed written consent means that you have been given all the information that you need to make a knowledgeable decision about a proposed activity by your school district regarding your child’s education, and that you agree in writing when such written consent is required, to that proposed activity. You have the right not to give your consent. You also have the right to revoke your consent at any time. Your failure to respond within ten school days to a request for a written consent will be considered by the school district to be a refusal of consent except when your consent is being sought for a reevaluation of your child.

When must the school district obtain my written consent?

Your written consent is required in the following situations:

• Before your child is evaluated for the first time to determine whether your child is eligible for special education;
• Before your child's initial placement into special education;
• Before your child is placed in a private placement; and
• Before your child is reevaluated. (However, if the school can show that it made a good effort to get your consent for the reevaluation of your child, and you do not respond, then the school district may proceed with the reevaluation without having obtained your written consent.)

Written consent to evaluate your child for the first time is not the same as the consent that places your child into special education and related services. A separate written consent is required to begin your child’s special education program.

What happens if I do not give written consent for the proposed activity?

If you should disagree with the proposed activity for which written consent is required and you do not give written consent for the proposed activity, the school district must take steps, as necessary, to ensure that your child continues to receive a free appropriate public education.

• If you refuse permission for the school district to conduct either an initial evaluation or reevaluation of your child, the school district may initiate due process procedures as a way for it to proceed with the recommended evaluation(s).
• If you do not give permission for your child to receive special education services, the school district may not use due process procedures as a way to place your child into special education. If you refuse consent for initial placement of your child in special education, you waive all rights to special education services and protections at the time consent is refused. You may still ask for a reevaluation or due process hearing on the evaluation or the appropriateness of the special education and related services being offered.
• If you refuse permission for the placement of your child into a private school for the purpose of providing your child with a special education program, the school district must initiate due process procedures, unless the private placement being offered is for the initial placement of a child in special education in which case the school district may not use due process procedures.
• If you refuse written consent for any proposed activity for which written consent is required, your child’s current educational placement will not change unless you and the school district reach agreement on a different course of action or until due process procedures have been completed.

What if I want to withdraw my written consent after it has been given?

Giving written consent is voluntary. You can withdraw your written consent at any time by notifying the school district in writing. Withdrawing your written consent does not affect the actions taken or the services provided during the time the school district had your permission.

Must the school district obtain my written consent each time there is a proposal to change my child’s program or placement?

No. Once services have started, you or the school district may propose changes to your child’s program or placement at a PPT meeting. The school district must provide you with prior written notice of the proposed changes. Your written consent is not required to implement the changes to your child’s special education program except when your child is placed initially into a private school for the purpose of receiving his/her special education program. However, if you do not agree with the proposed changes to your child’s program, you have the right to initiate due process to stop the changes from occurring. (See page 17 for a further explanation of due process procedures.) If you do not pursue due process review, the proposed changes to your child’s program will go forward.

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

For continuous access to the legal world, follow us on Twitter and LinkedIn. We offer the latest updates on caselaw and legal news. In addition, informational videos are available for your convenience on our YouTube channel. 

Source- http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf