NC 1503-1.1 Parental Consent

Plain English summary

This regulation governs when and how Local Education Agencies (LEAs) must obtain informed parental consent before conducting initial evaluations, reevaluations, and providing special education and related services to children with disabilities. It details exceptions for wards of the State, consequences when parents refuse or fail to respond to consent requests, and the effect of parental revocation of consent for ongoing services. LEAs must document all reasonable efforts to obtain consent and cannot use procedural safeguards to override refusal for initial services or to continue services after written revocation.

Key requirements

• The LEA proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under NC 1500-2.4 must, after providing notice consistent with NC 1504-1.4 and NC 1504-1.5, obtain informed consent, consistent with NC 1500-2.6, from the parent of the child before conducting the evaluation.
• Parental consent for initial evaluation must not be construed as consent for initial provision of special education and related services.
• The LEA must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability.
• An LEA that is responsible for making FAPE available to a child with a disability must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child.
• If the parent of a child fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services, the public agency may not use the procedures in NC 1504 (Procedural Safeguards) of this document in order to obtain agreement or a ruling that the services may be provided to the child.
• 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 public agency may not continue to provide special education and related services to the child, but must provide prior written notice in accordance with NC 1504-1.4 before ceasing the provision of special education and related services.
• Each LEA must obtain informed parental consent, in accordance with NC 1503-1.1(a)(1), prior to conducting any reevaluation of a child with a disability.
• Parental consent is not required before reviewing existing data as part of an evaluation or a reevaluation.
• Parental consent is not required before administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.
• An LEA may not use a parent's refusal to consent to one service or activity under paragraph (a) of this section to deny the parent or child any other service, benefit, or activity of the public agency, except as required by this part.
• If a parent of a child who is home schooled or placed in a private school by the parent at their own expense does not provide consent for 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.
• To meet the reasonable efforts requirement, the public agency must document its attempts to obtain parental consent using the procedures in NC 1503-4.3(d).

Affected parties

• Local Education Agencies (LEAs)
• Parents of children with disabilities
• Children with disabilities
• Children who are wards of the State
• Children enrolled in public schools
• Home-schooled children
• Children placed in private schools at parent expense
• IEP Teams
• Special education service providers

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=58