Or. Admin. R. 581-015-2735 - Parent Consent for ECSE
(1)
Consent means that the parent:
(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 public agency
must provide notice under OAR 581-015-2745 and obtain informed written parental
consent before conducting an initial ECSE evaluation to determine if a child
qualifies as a child with a disability under 581-015-2795. Consent for initial
evaluation may not be construed as consent for the initial provision of special
education and related services.
(b) The public agency must make reasonable
efforts to obtain the informed consent from a parent for an initial evaluation
to determine a child's eligibility for ECSE services.
(c) If a parent of a child enrolled in public
preschool or seeking to be enrolled in public preschool 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
public agency may, but is not required to, pursue the initial evaluation of the
child using mediation or due process hearing procedures. A public agency does
not violate its child find obligations if it declines to pursue the evaluation
using these procedures.
(4) Consent for initial provision of
services:
(a) The contractor or subcontractor
must obtain informed consent from the parent of the child before the initial
provision of ECSE services to the child.
(b) The contractor or subcontractor must make
reasonable efforts to obtain informed consent from the parent for the initial
provision of ECSE services to the child.
(c) If a parent does not respond or refuses
to consent for initial provision of ECSE services or revokes consent for the
initial provision of ECSE services, the contractor or subcontractor may not
seek to provide ECSE services to the child by using mediation or due process
hearing procedures.
(d) If a
parent refuses to grant consent for initial provision of ECSE services, does
not respond to a request to provide consent for the initial provision of ECSE
services, or revokes consent for such services:
(A) The contractor or subcontractor 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 ECSE services for which the contractor or subcontractor requests
consent; and
(B) The contractor or
subcontractor is not required to convene an IFSP meeting or develop an IFSP for
the child for the ECSE services for which consent is requested.
(e) If, at any time subsequent to
the initial provision of ECSE services, the parent of a student revokes consent
in writing for the continued provision of ECSE services, the school district
(A) May not continue to provide ECSE 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 child's education records to remove any references to the child's
receipt of special education and related services because of the revocation of
consent.
(5)
Consent for reevaluation:
(a) The public
agency must obtain informed parent consent before conducting any reevaluation
of a child with a disability, except as provided in subsections (b) and OAR
581-015-2740(3).
(b) If a parent
refuses to consent to the reevaluation or revokes consent for the reevaluation,
the public agency 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.
(c) If, after
reasonable efforts to obtain parent consent, the parent does not respond, the
public agency may conduct the reevaluation without consent, unless the
reevaluation is an individual intelligence test or test of personality.
(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 the State's
public benefits or insurance program for the first time, the ECSE program must
obtain informed consent in accordance with IDEA,
34 CFR
300.622 and with 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 may revoke consent at any time
before the completion of the activity or action for which they have given
consent.
(A) A parent may revoke consent for
an evaluation or reevaluation that has not yet been conducted.
(B) A parent 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 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 revokes consent, that
revocation is not retroactive.
(8) Other consent requirements:
(a) The public agency must document its
reasonable efforts to obtain parent consent in accordance with OAR
581-015-2755(2)(b).
(b) A parent's
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 contractor or
subcontractor, except as provided in this rule.
(c) If a parent of a child who is 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 public agency
may not use mediation or due process hearing procedures to seek consent; and
(B) The public agency is not
required to consider the child as eligible for ECSE services.
Notes
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