Or. Admin. R. 581-015-2090 - Consent
(1) Consent means
that the parent or adult student:
(a) Has
been fully informed, in his or her native language or other mode of
communication, of all information relevant to the activity for which consent is
sought; and
(b) Understands and
agrees in writing to the carrying out of the activity for which his or her
consent is sought.
(2)
Consent is voluntary on the part of the parent and meets the requirements of
the consent provisions of this rule and
34 CFR
300.622 and
34
CFR 99.30 implementing IDEA, and FERPA
respectively.
(3) Consent for
initial evaluation:
(a) The school district
must provide notice under OAR 581-015-2310 and obtain informed written consent
from the parent or adult student before conducting an initial evaluation to
determine if a child qualifies as a child with a disability under OAR
581-015-2130 through 581-015-2180.
(A)
Consent for initial evaluation may not be construed as consent for the initial
provision of special education and related services.
(B) The school district must make reasonable
efforts to obtain the informed consent from a parent for an initial evaluation
to determine a child's eligibility for special education services.
(b) If a parent of a child
enrolled in public school or seeking to be enrolled in public school does not
provide consent for an initial evaluation, does not respond to a request for
consent for an initial evaluation, or revokes consent for an initial
evaluation, the school district may, but is not required to, pursue the initial
evaluation of the child using mediation or due process hearing procedures. A
district does not violate its child find obligations if it declines to pursue
the evaluation using these procedures.
(c) Consent for initial evaluation for a
child who is a ward of the state may be obtained under OAR 581-015-2095(2).
(4) Consent for initial
provision of services:
(a) A school district
must obtain informed consent from the parent of the child before the initial
provision of special education and related services to the child.
(b) The school district must make reasonable
efforts to obtain informed consent from the parent for the initial provision of
special education and related services to the child.
(c) If a parent or adult student does not
respond or refuses to consent for initial provision of special education and
related services or revokes consent for the initial provision of special
education and related services, the school district may not seek to provide
special education and related services to the child by using mediation or due
process hearing procedures.
(d) If
a parent or adult student refuses to grant consent for initial provision of
special education and related services, does not respond to a request to
provide such consent, or revokes consent for the initial provision of special
education and related services:
(A) The
school district will not be considered to be in violation of the requirement to
make available a free appropriate public education to the child for the failure
to provide the child with the special education and related services for which
the school district requests consent; and
(B) The school district is not required to
convene an IEP meeting or develop an IEP for the child for the special
education and related services for which the school district requests such
consent.
(e) If, at any
time subsequent to the initial provision of special education and related
services, the parent or adult student revokes consent in writing for the
continued provision of special education and related services, the school
district
(A) May not continue to provide
special education and related services to the student, but must provide prior
written notice in accordance with OAR 581-015-2310 before ceasing the provision
of special education and related services; and
(B) Is not required to amend the student's
education records to remove any references to the student's receipt of special
education and related services because of the revocation of consent.
(5) Consent for
reevaluation:
(a) A school district must
obtain informed parent consent before conducting any reevaluation of a child
with a disability, except as provided in subsections (b) and OAR 581-015-2095.
(b) If a parent refuses to consent
to the reevaluation or revokes consent for the reevaluation, the school
district may, but is not required to, pursue the reevaluation by using
mediation or due process hearing procedures. A district does not violate its
child find obligations if it declines to pursue the reevaluation using these
procedures.
(6) Consent
to Access Public Benefits or Insurance:
(a)
Prior to accessing a child or parent's public benefits or insurance for the
first time, or disclosing a child's personally identifiable information to a
State's public benefits or insurance program for the first time, a public
agency or school district must obtain informed consent in accordance with IDEA
34 CFR
300.622 and the Family Rights and Privacy Act
(FERPA (34
CFR 99.30).
(b) Such consent must specify:
(A) The personally identifiable information
that may be disclosed (e.g., records or information about the services that may
be provided to a particular child);
(B) The purpose of the disclosure (e.g.,
billing for services), and
(C) The
agency to which the disclosure may be made (e.g., the State's public benefits
or insurance program (e.g., Medicaid); and
(D) Specify that the parent understands and
agrees that the public agency may access the child's or parent's public
benefits or insurance to pay for services.
(7) Revocation of consent:
(a) A parent or adult student may revoke
consent at any time before the completion of the activity or action for which
they have given consent.
(A) A parent or
adult student may revoke consent for an evaluation or reevaluation that has not
yet been conducted.
(B) A parent
or adult student may revoke consent for the provision of special education
services in writing at any time before or during the provision of those
services.
(C) A parent or adult
student may revoke consent for release of personally identifiable information
to the State's public benefits or insurance program (e.g., Medicaid).
(b) If a parent or
adult student revokes consent, that revocation is not retroactive.
(8) Other consent requirements:
(a) The school district must document its
reasonable efforts to obtain parent consent in accordance with OAR
581-015-2195(3).
(b) If a parent
of a child who is home schooled or placed in a private school by the parents at
their own expense does not provide consent for the initial evaluation or the
reevaluation, or the parent does not respond to a request for consent:
(A) The school district may not use mediation
or due process hearing procedures to seek consent; and
(B) The school district is not required to
consider the child as eligible for special education services.
(c) A refusal to consent to one
service or activity may not be used to deny the parent or child any other
service, benefit, or activity of the school district, except as provided in
this rule.
Notes
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