What is Informed Consent?
Informed consent means that as a parent you must be given full and complete disclosure of all relevant facts and information pertaining to your child regarding certain proposed activities by your local educational agency. Consent remains voluntary and may be withheld or withdrawn at any time as it pertains to an initial evaluation of your child.
Written parental consent directed to your child’s school district is required when: (a) your child undergoes an initial evaluation to determine his or her eligibility for special education and related services, (b) before your child is placed in special education services, (c) before your child is placed in private placement, and (d) before your child is reevaluated. However a parent’s failure to give consent to a reevaluation may be overridden if the school district can show that a good-faith effort was made to obtain consent and the child’s parent failed to respond.
The written parental consent granted to the local educational agency before conducting an initial evaluation of your child does not carry over and constitute consent to placing your child in special education. Separate written consent is required following an initial evaluation if your child is found to be eligible for special education and related services.
Refusing to Consent
If a parent disagrees with a proposed special education activity, the school district must still ensure that your child receives a FAPE. However, if you refuse to give written consent for the school district to conduct either an initial evaluation or a reevaluation, the school district may proceed on its own and initiate a due process hearing in order to move forward with the recommended evaluations. On the other hand, if a parent does not consent to special education services placement, even if a child is eligible, the school district may not initiate a due process hearing as a means of obtaining authority to place your child in special education.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well.
If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.
