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