Introduction
Parent includes an adult student if parental rights have transferred. Wis. Stat. § 115.807(3). A parent may revoke consent for special education and related services at any time. 34 CFR §§ 300.9(c) and 300.300(b)(4). The revocation of consent must be in writing. 34 CFR § 300.9(c). The revocation must be for all special education and related services. A parent cannot decide to revoke consent for some services but keep others. 73 Fed. Reg. 73,011 (2008). Form P-5 may be given to and used by a parent to provide written revocation of consent. However, a particular form is not required, and a parent may use other ways to provide written revocation. When the local education agency (LEA or agency) receives written revocation of consent, the agency must promptly provide prior written notice a reasonable time before stopping special education and related services. See Form P-6; 34 CFR § 300.530(a); Wis. Stat. § 115.792(1)(b). The agency may not use mediation or due process procedures to challenge revocation of consent. 34 CFR § 300.300(b)(4)(ii); Letter to Cox, 110 LRP 10357 (OSEP 2009); and Letter to Gerl, 59 IDELR 200 (OSEP 2012).
Form Content and Explanations
Content: Statement revoking consent and signature. Explanation: Revocation of consent must be in writing, and this provides the required documentation. 34 CFR §§ 300.9(c).
Content: Consequences of revocation. Explanation: The form explains the following consequences of revoking consent so the agency can establish a sufficient record that the parent has been appropriately informed. 34 CFR § 300.300(b)(4). Once special education and related services stop, the agency:
- Is not required to make a free and appropriate education (FAPE) to the student;
- Is not required to have an IEP team meeting or develop an IEP for the student;
- Is not required to follow discipline protections under the Individuals with Disabilities Education Act (IDEA); and
- Is not required to amend the student’s education records to remove any reference to the student’s receipt of special education and related services.
Content: Right to future evaluation and services. Explanation: The form provides the following information so the LEA can establish a sufficient record that the parent has been appropriately informed. By revoking consent, a parent does not waive the right to a future special education evaluation, and if found eligible, future special education and related services. After revocation of consent, a future evaluation would be treated as an initial evaluation. 73 Fed. Reg. 73,015 (2008); Letter to Cox, 110 LRP 10357 (OSEP 2009).