Nev. Admin. Code § 388.300 - Parental consent; withdrawal of consent; notice to parents of proposed or refused action; statement of parental rights
1.
Except as otherwise provided in this section and subsection 17 of NAC
388.310, informed written consent
must be obtained from the parents of the pupil before conducting an initial
evaluation, before conducting additional assessments in a reevaluation, and
before special education and related services are initially provided to a pupil
with a disability. The public agency shall make reasonable efforts to obtain
such consent. If a parent refuses to provide written consent for the initial
evaluation, fails to respond to a request to provide the consent for an initial
evaluation or refuses to provide consent for a reevaluation requiring
additional assessments, the public agency may, but is not required to, request
mediation pursuant to NAC
388.305 or file a due process
complaint pursuant to NAC
388.306.
2. If a public agency has made reasonable
efforts to obtain informed consent from the parent of a pupil for an initial
evaluation and the parent fails to respond or refuses to provide written
consent or refuses to provide consent for a reevaluation requiring additional
assessments and the public agency does not request mediation or file a due
process complaint upon the parent's failure to respond or refusal, the public
agency:
(a) Does not violate any obligations
pursuant to NAC
388.215 and
388.330 to 388.440, inclusive,
and section 10 of this regulation for the conduct of an evaluation or
reevaluation of the pupil.
(b) Is
not deemed to have knowledge pursuant to
34
C.F.R. §
300.534(c)(1)(i) that a
pupil is a pupil with a disability.
3. If a pupil is a ward of the State and the
pupil is not residing with the pupil's parent, the public agency shall make
reasonable efforts to obtain the informed consent from the parent of the pupil
for an initial evaluation to determine whether the pupil is a pupil with a
disability. The public agency is not required to obtain informed consent from
the parent of such a pupil for an initial evaluation to determine whether the
pupil is a pupil with a disability if:
(a)
Despite reasonable efforts to do so, the public agency cannot discover the
whereabouts of the parents of the pupil;
(b) The rights of the parents of the pupil
have been terminated in accordance with state law; or
(c) The rights of the parents of the pupil to
make educational decisions have been subrogated by a judge in accordance with
state law and consent for an initial evaluation has been given by a person
appointed by the judge to represent the pupil.
4. If the parent of a pupil refuses to
consent to the initial receipt of special education and related services or the
parent fails to respond to a request to provide such consent, the public agency
shall not use the procedural safeguards described in
34 C.F.R.
§§
300.500 to
300.520,
inclusive, request mediation pursuant to NAC 388.305 or file a due process
complaint pursuant to NAC 388.306 to obtain an agreement or ruling that special
education and related services may be provided to the pupil. The public agency
shall not be:
(a) Considered to be in
violation of the requirement to make available a free appropriate public
education to the pupil for the failure to provide such pupil with the special
education and related services for which the public agency requests such
consent.
(b) Deemed to have
knowledge pursuant to
34
C.F.R. §
300.534(c)(1)(i) that a
pupil is a pupil with a disability.
(c) Required to convene a meeting relating to
an individualized educational program or develop an individualized educational
program for the pupil .
5. The parent of a pupil with a disability
may withdraw consent in writing for the continued provision of special
education and related services for the pupil. If the parent withdraws such
consent after the initial provision of special education and related services,
the public agency shall not:
(a) Continue
providing special education and related services to the pupil, but the public
agency shall provide prior written notice pursuant to this section to the
parents of the pupil before discontinuing the special education and related
services.
(b) Use the procedural
safeguards described in
34 C.F.R.
§§
300.500 to
300.520,
inclusive, request mediation pursuant to NAC 388.305 or file a due process
complaint pursuant to NAC 388.306 to obtain an agreement or ruling that special
education or related services continue to be provided to the pupil.
(c) Be considered to be in violation of the
requirement to make available a free appropriate public education to the pupil
for the failure to provide such pupil with further special education and
related services.
(d) Be required
to convene a meeting relating to an individualized educational program or
otherwise develop an individualized educational program for the pupil for the
further provision of special education and related services.
6. Parental consent is
not required:
(a) Before existing data is
reviewed as part of an initial evaluation or reevaluation;
(b) Before a test or other assessment is
administered to all pupils unless, before administration of that test or
assessment, consent is required of the parents of all pupils; or
(c) If the public agency demonstrates that it
has made reasonable efforts to obtain consent for an additional assessment to
be conducted as part of a reevaluation and the pupil's parents have failed to
respond.
7. If the parent
of a pupil who is homeschooled or who is placed in a private school at the
parent's own expense refuses to provide consent for the initial evaluation or
for a reevaluation requiring additional assessments or the parent fails to
respond to a request to provide consent, the public agency shall not use the
procedural safeguards described in
34 C.F.R.
§§
300.500 to
300.520,
inclusive, request mediation pursuant to NAC 388.305 or file a due process
complaint pursuant to NAC 388.306 and the public agency is not required to
consider the pupil as eligible for special education and related services
pursuant to NAC
388.219.
8. A public agency shall provide the parents
of a pupil with a disability with prior written notice as described in
subsections 9 and 10 within a reasonable time before any proposed or refused
action regarding the:
(a) Placement of the
pupil;
(b) Identification or
evaluation of any special educational needs of the pupil; or
(c) Provision of a free appropriate public
education to the pupil.
If a parent does not agree to the proposed or refused action of the public agency, the parent may request mediation pursuant to NAC 388.305 or may file a due process complaint pursuant to NAC 388.306 on the proposed action, or the parent may withhold the consent required by subsection 1, if that subsection applies.
9.
The prior written notice of the public agency's action must be written in
language understandable to the general public and in the native language of the
parent unless that is clearly not feasible. If the native language or other
method of communication of the parent is not a written language, the public
agency shall:
(a) Ensure that the notice is
read to the parent in the native language or communicated to the parent by
another method of communication and that the parent understands the content of
the notice ; and
(b) Maintain
written evidence that the requirements of paragraph (a) have been met.
10. The public agency
shall include in the prior written notice required by subsection 8:
(a) A description of the action proposed or
refused by the public agency;
(b)
An explanation of the reasons for the proposal or refusal;
(c) A description of other options the public
agency considered and the reasons why those options were rejected;
(d) A description of each evaluation
procedure, assessment, record or report upon which the action is based;
(e) A description of other factors
which are relevant to the public agency's proposal or refusal;
(f) A statement that the parents have rights
in the matter and, if the notice is not notice of an initial referral for
evaluation, the means by which a statement of parental rights can be obtained;
and
(g) Sources for parents to
contact to obtain assistance in understanding the provisions of state and
federal law relating to special education.
11. A public agency shall provide the parents
of a pupil with a statement of parental rights once a year and:
(a) When the pupil is initially referred for
evaluation or upon parental request for an evaluation;
(b) When the public agency receives the first
due process complaint in a school year pursuant to NAC 388.306 from the
parents;
(c) When the public agency
receives the first state complaint in a school year filed by the parents with
the Superintendent pursuant to NAC
388.318;
(d) As required by the provisions of
34 C.F.R §
300.530(h); and
(e) Upon request by the parents.
The statement of parental rights must explain fully the procedural safeguards listed in 20 U.S.C. § 1415(d)(2) and 34 C.F.R. § 300.504(c) that are available to the parents. A public agency may place a current copy of the statement of the procedural safeguards on the Internet website of the public agency, if applicable.
12.If the public agency makes the notices
required pursuant to this section available through electronic means, a parent
of a pupil with a disability may elect to receive such notices by electronic
mail.
13. For purposes of this
section, a public agency has made reasonable efforts to obtain the informed
consent of the parents if the public agency has used procedures for
notification and documentation consistent with subsection 10 of NAC
388.281.
Notes
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