Mont. Admin. R. 10.16.3505 - PARENTAL CONSENT

(1) The local educational agency (LEA) shall obtain written consent for initial evaluation and initial provision of special education and related services prior to implementation of a student's individualized education program (IEP) consistent with 34 CFR 300.300 and this rule.
(2) Within one year of implementing the initial IEP, and annually thereafter, the IEP team shall timely meet to create an annual IEP. If the parent agrees with the proposed special education and related services and signs the IEP giving consent, the LEA shall begin implementation.
(3) The following procedures are intended to encourage continued parental participation in the development of the IEP, and to ensure the timely provision of FAPE when the parent does not agree and sign the annual IEP.
(a) Pursuant to 34 CFR 300.503, the LEA shall provide prior written notice of the changes to the parents, which includes a copy of the IEP, invites the parents to submit written exceptions to the IEP, and indicates that, if the parent does not respond, the LEA may implement the IEP as developed by the IEP team beginning 15 days following the date of the prior written notice.
(b) If the parent does not identify, in writing, the disputed special education and related services in the proposed IEP within 15 days of the date of the prior written notice, the LEA may implement the proposed IEP.
(c) If a parent provides written exceptions to the proposed special education and related services in the annual IEP within 15 days of the prior written notice the LEA shall implement the IEP in the areas of agreement. The student's last agreed-upon IEP shall remain in effect in the areas specifically disputed in writing, as exceptions, until the disagreement is resolved or implemented as provided below.
(i) The LEA shall allow a reasonable amount of time to resolve the disagreements before sending the second prior written notice. If agreement is reached and the parents sign the IEP giving consent, the LEA shall begin implementation.
(ii) If agreement is not reached after a reasonable amount of time, the LEA shall provide a second prior written notice that includes the IEP which resulted from the discussion with the parents and shall implement the annual IEP 15 days after the date of the second prior written notice.
(4) If the LEA provides the student any special education and related services according to the student's annual IEP without parental consent pursuant to the requirements above, a parent may request an impartial due process hearing under ARM 10.16.3507 through 10.16.3523 or utilize other available dispute resolution procedures.

Notes

Mont. Admin. R. 10.16.3505
NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2001 MAR p. 1099, Eff. 6/22/01; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2010 MAR p. 1076, Eff. 4/30/10; AMD, 2015 MAR p. 2257, Eff. 12/25/2015.

AUTH: 20-7-402, MCA; IMP: 20-7-403, 20-7-414, MCA

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