1342.12 Companion

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1342.12 Companion
July 12, 2017 Page 82
a. His or her specific responsibilities related to implementing the student’s IEP.
b. The specific accommodations, modifications, and supports that must be provided for
the student in accordance with the IEP.
Parent Revocation of Consent for Continued Special Education and Related Services
E4 S18 p 46, 47
Revocation of Consent for all Special Education Services
Parents may unilaterally withdraw their child from all special education and related services by revoking
their consent for the continued provision of special education and related services to their children.
Parental revocation of consent must be in writing. Upon receiving a revocation of consent, the DoDEA
school promptly must provide the parent PWN before ceasing the provision of services. This PWN will
propose termination of special education services at the request of the parent. This notice shall advise
the parent of the following:
1. Any changes in educational placement and services that will result from the revocation of
consent and whether the school believes that the withdrawal of services is inconsistent with the
best interests of the student.
2. That the school will terminate special education and related services to the student on a
specified date, which shall be within a reasonable time following the delivery of the written
notice.
3. That the DoDEA school will not be deemed to have knowledge that the student is a student with
a disability and the student will be disciplined as a general education student and will not be
entitled to disciplinary procedures afforded a student with a disability.
4. DoDEA will not be considered to be in violation of the requirement to make FAPE available to
the student because of the failure to provide the student with further special education and
related services.
5. That the parents maintain the right to subsequently request an initial evaluation to determine if
the student is a student with a disability who needs special education and related services and
that their child will not receive special education and related services until eligibility has been
determined.
6. That the DoDEA school will not challenge, through mediation or a due process hearing, the
revocation of consent to the provision of special education or related services.
7. That while the school is not required to convene a CSC meeting; it is willing to convene a CSC
meeting upon request of the parent prior to the date that service delivery ceases.
Revocation of Consent for a Particular Service
Upon receiving a revocation of consent for a particular special education or related service, the DoDEA
school must provide the parent prior written notice (PWN).
1. If parents disagree with the provision of a particular special education or related service, and the
school members of the CSC and the parents agree that the student would be provided FAPE if
the student did not receive that service, the student’s IEP may be modified to remove the
service. PWN is provided proposing the termination of the service at the request of the parent.
2. If the parent and the school members of the CSC disagree as to whether the student would be
provided FAPE if the student did not receive a particular service, the parent may use the
mediation or due process procedures to obtain a determination that the service with which the
parent disagrees is not appropriate for his or her student and whether it is necessary for FAPE.
The school may not cease the provision of a particular service, and therefore, PWN is provided
refusing the termination of the service.