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). When the local education agency (LEA or agency) receives a written revocation of consent, it must promptly respond by providing prior written notice regarding the resulting change in placement and services. 34 CFR § 300.530(a); Wis. Stat. § 115.792(1)(b). The prior written notice must be in accordance with 34 CFR § 300.503 (see page 5 of this Guide to Special Education Forms). The prior written notice must be provided within a reasonable time before stopping special education and related services 34 CFR § 300.530(a); Wis. Stat. § 115.792(1)(b). Providing this notice a reasonable time before discontinuing services gives a parent the necessary information and time to fully consider the change. This form may be used to provide the required prior written notice.
Form Content and Explanations
Content: Date of cessation of services. Explanation: When a parent revokes consent for special education, the agency must provide prior written notice informing the parent when the services will end. 34 CFR § 300.530(a); Wis. Stat. § 115.792(1)(b).
Content: Attachment of IEP. Explanation: The prior written notice must inform the parent of the educational services and supports declined. 34 CFR § 300.530(a); Wis. Stat. § 115.792(1)(b). Attaching the IEP gives this information.
Content: A parent has unilateral authority to stop special education and related services. Explanation:
Content: Explanation: A prior written notice must contain the following content requirements (review Forms Guide Prior Written Notice for reference):
- a description of the action proposed or refused by the agency;
- an explanation why the agency proposes or refuses to take the action;
- a description of each evaluation; procedure, assessment, record or report the agency used as a basis for the proposed or refused action;
- a description of any other options that the agency considered and the reasons why those options were rejected; and
- a description of other factors relevant to the agency’s proposal or refusal.
34 CFR § 300.530(a); Wis. Stat. § 115.792(1)(b). This section documents that a parent has the unilateral authority to stop special education and related services, and that an agency cannot refuse a parent’s request to do so. Consequently, there is no other basis for the agency's action.
Content: Parents have procedural safeguards and can contact other sources for assistance about understanding their rights. Explanation: Any required notice must include a statement that the parents of a student with a disability have protections under the procedural safeguards of IDEA and of sources to obtain information and assistance in understanding IDEA and state special education law. The agency is not required to provide the parent with another procedural safeguard notice if, in the current school year, the agency previously provided the notice. However, if the parent requests another copy, then the agency must provide the parent one. 34 CFR §§ 300.503(b)(4) and (b)(5); Wis. Stat. §§ 115.792(2)(g) and (2)(h).
Content: Narrative regarding consequences of revocation. Explanation: The notice explains the consequences of revoking consent so the agency can establish a sufficient record that the parent has been appropriately informed. 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 notice provides the following information to ensure an informed decision. 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).