Federal IDEA · 34 CFR Part 300 · Regulation

§ 300.300 Parental consent.

Plain English summary

This section governs when and how public agencies must obtain informed parental consent before conducting initial evaluations, providing special education and related services, and conducting reevaluations. It specifies circumstances under which consent may be bypassed or is not required, the consequences of parental refusal or revocation of consent, and protections ensuring that refusal of one service cannot be used to deny other services or benefits.

Key requirements

  • The public agency proposing to conduct an initial evaluation must, after providing notice consistent with §§ 300.503 and 300.504, obtain informed consent, consistent with § 300.9, 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 public agency 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.
  • For initial evaluations only, if the child is a ward of the State and is not residing with the child's parent, the public agency is not required to obtain informed consent from the parent if: the public agency cannot discover the whereabouts of the parent despite reasonable efforts; the rights of the parents have been terminated in accordance with State law; or the rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent has been given by an individual appointed by the judge.
  • If the parent does not provide consent for initial evaluation or fails to respond, the public agency may, but is not required to, pursue the initial evaluation by utilizing the procedural safeguards in subpart E of this part.
  • The public agency does not violate its obligation under § 300.111 and §§ 300.301 through 300.311 if it declines to pursue the evaluation.
  • A public agency 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 subpart E of this part in order to obtain agreement or a ruling that the services may be provided to the child.
  • If the parent refuses initial services, the public agency 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 the special education and related services for which the parent refuses to or fails to provide consent.
  • If the parent refuses initial services, the public agency is not required to convene an IEP Team meeting or develop an IEP under §§ 300.320 and 300.324 for 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 § 300.503 before ceasing the provision of special education and related services.
  • Upon written revocation of consent, the public agency may not use the procedures in subpart E of this part in order to obtain agreement or a ruling that the services may be provided to the child.
  • Upon written revocation of consent, the public agency 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 further special education and related services.
  • Upon written revocation of consent, the public agency is not required to convene an IEP Team meeting or develop an IEP under §§ 300.320 and 300.324 for the child for further provision of special education and related services.
  • Each public agency must obtain informed parental consent, in accordance with § 300.300(a)(1), prior to conducting any reevaluation of a child with a disability.
  • If the parent refuses to consent to the reevaluation, the public agency may, but is not required to, pursue the reevaluation by using the consent override procedures described in paragraph (a)(3) of this section.
  • Informed parental consent for reevaluation need not be obtained if the public agency can demonstrate that it made reasonable efforts to obtain such consent and the child's parent has failed to respond.
  • Parental consent is not required before reviewing existing data as part of an evaluation or a reevaluation, or before administering a test or other evaluation that is administered to all children unless consent is required of parents of all children.
  • A public agency may not use a parent's refusal to consent to one service or activity 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 parents at their own expense does not provide consent for the 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.
  • If a parent of a home-schooled or parentally-placed private school child does not provide consent, the public agency is not required to consider the child as eligible for services under §§ 300.132 through 300.144.
  • To meet the reasonable efforts requirement in paragraphs (a)(1)(iii), (a)(2)(i), (b)(2), and (c)(2)(i) of this section, the public agency must document its attempts to obtain parental consent using the procedures in § 300.322(d).

Affected parties

  • public agencies
  • parents of children with disabilities
  • children with disabilities
  • children who are wards of the State
  • home-schooled children
  • children placed in private school by parents at their own expense
  • IEP Teams
  • State educational agencies

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.300