Withdrawn consent requires program exit, and cannot be contested via mediation, due process, or civil action (34 CFR §300.300(4))
“(4) 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-
(i) 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.”
Note: In the case of parents who have equal legal authority to make educational decisions and one parent provides consent for IEP services and the other parent submits a written revocation, the LEA must provide written notice to both parents that IEP services will be terminated. After services are ceased due to the revocation of consent, either parent has the right to request an initial evaluation to determine if the child is IEP eligible.
Note: The parent’s right to revoke consent is for special services in its entirety, not service by service. The school is required to respond to the parent’s written revocation by providing the parent with written notice that, among other things, specifies the date when services will end. Also, the student will be deemed a regular education student for disciplinary purposes.
Under 34 CFR § 300.305(e), districts: “…must evaluate a child with a disability in accordance with §§ 300.304 through 300.311 before determining that the child is no longer a child with a disability.”
Under 34 CFR § 300.305(e), students graduating with a diploma are exempt from reevaluation requirements.
Note: A GED is not the same as a high school diploma.
Students in Alaska are eligible for special education programs “… if less than 22 on July 1 of the school year (4 AAC 52.090).” Note: Under 34 CFR § 300.305(e), students who age out during the school year are exempt from re-evaluation requirements.
Note: A Summary of Student Academic Achievement and Functional Performance is required for students exiting special education due to aging out or graduating with a regular diploma. 34 CFR 300.305(e)(3)
Under 4 AAC 52.530(c) (bold added for emphasis):
“(c) If a child with a disability transfers to another school, each district shall transmit with other student records, including the child's current IEP, all statements of current and previous disciplinary action regarding the child, to the same extent that disciplinary information would be included in and transmitted with the records of a child without a disability.”