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1342.12 Companion
July 12, 2017
Page 37
Parental Consent
DoDM 1342.12E4 S17 p 44-46
Consent Requirements
The school shall seek parental consent before:
Initiation of formal evaluation procedures to determine whether the student
qualifies as a student with a disability and prior to conducting a reevaluation.
Initial provision of special education and related services.
Consent for Initial Evaluation
If the parent of a student does not provide written consent for an initial evaluation or fails to respond to
a request for consent for an initial evaluation, then DoDEA should consider use of the dispute resolution
procedures described in DoDM 1342.12, Enclosure 6 to pursue an evaluation of a student suspected of
having a disability.
Consent to evaluate shall not constitute consent for placement or receipt of special education
and related services.
If a parent declines to give consent for evaluation, DoDEA shall not be in violation of the
requirement to conduct child-find, the initial evaluation, or the duties to follow evaluation
procedures or make an eligibility determination and write an IEP as prescribed in this
Companion and DoDM 1342.12.
Consent for Reevaluation
The school must seek to obtain parental consent to conduct a reevaluation. If the parent does not
provide consent or fails to respond to a request for consent for a reevaluation, then the school may
conduct the reevaluation without parental consent if the school can demonstrate that it has made
reasonable efforts to obtain parental consent and documented its efforts.
Documentation of Attempts
The documentation must include a record of the school’s attempts in areas such as:
(1)
Detailed records of telephone calls made or attempted and the results of those calls.
(2)
Copies of correspondence sent to the parents and any responses received.
(3)
Detailed records of visits made to the parents’ home, place of employment or duty station, and
the results of those visits.
Consent for the Initial Provision of Special Education and Related Services
The school that is responsible for making a FAPE available to a student with a disability under this part
must seek to obtain informed consent from the parent of such student before providing special
education and related services to the student. If the parent refuses initial consent for services, the
DoDEA school:
May not use due process procedures, including mediation to obtain agreement or a ruling that
the special education and related services recommended by the student’s CSC may be provided
to the child without parental consent.
Shall not be considered to be in violation of the requirement to make FAPE available to the
student for its failure to provide those services to the student for which parental consent was
requested.
Shall not be required to convene an IEP meeting or develop an IEP for the student.