shall transfer to the individual with exceptional needs. The local education agency shall notify the individual and the parent of the transfer of rights.
IDEA requires that the student and parent be notified of the age of majority rule one year prior to the student reaching 18 years of age. At the time the student turns 18, he/she will be recognized as an adult under California Education Code and will be able to exercise parent rights as provided for by federal and state law. It may be impossible for a student with exceptional needs to exercise his/her rights. If this is the case, the student may designate another person to approve and execute school programs or the student’s parents can apply for a traditional or limited conservatorship. Parent Revokes Consent for Special Education and Related Services IDEA was amended December 31, 2008, to clarify and strengthen regulations in Title 34, Code of Federal Regulations, Part 300 , in the areas of parental consent for continued special education and related services. 34 C.F.R. section 300.300(b)(4 ) was revised to require that parental revocation of consent for the continued provision of special education and related services must be in writing and that upon revocation of consent, LEAs must provide the parent with prior written notice in accordance with 34 C.F.R. 300.503 . If, at any time subsequent to the initial provision of special education and related services, a parent of a child with a disability revokes consent in writing for the continued provision of special education and related services, LEAs: • May discontinue the provision of special education and related services to the child, but must provide prior written notice in accordance with 34 C.F.R. 300.503 before ceasing the provision of these services • May not use the procedures in subpart E of this part (including the mediation procedures under 34 C.F.R. 300.506 or the due process procedures under 34 C.F.R. 300.507 through 300.516 ) in order to obtain agreement or a ruling that the services may be provided to the child • Will not be considered to be in violation of the requirement to make a free appropriate public education (FAPE) available to the child because of the failure to provide the child with further special education and related services • Is not required to convene an individualized education program (IEP) team meeting or develop an IEP under 34 C.F.R. 300.320 and 300.324 for the child for further provision of special education and related services Upon receiving a written notice from the parent that he/she is revoking consent for special education and related services for his/her child, the LEA should provide a written response to the pare nt no more than 10 days from receipt of the parent’s letter. The LEA letter should contain the following in order to meet requirements for prior written notice:
• Date services will end. (It is recommended that special education and related services cease 10 school days from the date of the LEA’s prior written notice/letter to the parent.);
Chapter 7 – Procedural Safeguards, Desert/Mountain SELPA
Page 5
As of 03/15/2013
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