Kan. Admin. Regs. § 91-40-27 - Parental consent
(a)
Except as otherwise provided in this regulation, each agency shall obtain
parental consent before taking any of the following actions:
(1) Conducting an initial evaluation or any
reevalua-tion of an exceptional child;
(2) initially providing special education and
related services to an exceptional child; or
(3) making a material change in services to,
or a substantial change in the placement of, an exceptional child, unless the
change is made under the provisions of K.A.R. 91-40-33 through 91-40-38 or is
based upon the child's graduation from high school or exceeding the age of
eligibility for special education services.
(b) When screening or other methods used by
an agency indicate that a child may have a disability and need special
education services, the agency shall make reasonable and prompt efforts to
obtain informed consent from the child's parent to conduct an initial
evaluation of the child and, if appropriate, to make the initial provision of
services to the child.
(c) Unless a
judicial order specifies to the contrary, each agency shall recognize the
biological or adoptive parent of an exceptional child who is a minor as the
educational decision maker for the child if the parent exerts the parent's
rights on behalf of the child, even if one or more other persons meet the
definition of parent for the particular child.
(d) An agency shall not construe parental
consent for initial evaluation as consent for the initial provision of special
education and related services to an exceptional child.
(e) An agency shall not be required to obtain
parental consent before taking either of the following actions:
(1) Reviewing existing data as part of an
evaluation, reevaluation, or functional behavioral assessment; or
(2) administering a test or other evaluation
that is administered to all children, unless before administration of that test
or evaluation, consent is required of the parents of all children.
(f)
(1) If a parent of an exceptional child who
is enrolled or is seeking to enroll in a public school does not provide consent
for an initial evaluation or any reevaluation, or for a proposed material
change in services or a substantial change in the placement of the parent's
child, an agency may, but shall not be required to, pursue the evaluation or
proposed change by initiating due process or mediation procedures.
(2) If a parent of an exceptional child who
is being homeschooled or has been placed in a private school by the parent does
not provide consent for an initial evaluation or a reevaluation, or fails to
respond to a request to provide consent, an agency shall not pursue the
evaluation or reevaluation by initiating mediation or due process
procedures.
(3) An agency shall not
be in violation of its obligations for identification, evaluation, or
reevaluation if the agency declines to pursue an evaluation or reevaluation
because a parent has failed to provide consent for the proposed
action.
(4) Each agency shall
document its attempts to obtain parental consent for action proposed under this
regulation.
(g) An
agency shall not be required to obtain parental consent for a reevaluation or a
proposed change in services or placement of the child if the agency has made
attempts, as described in K.A.R. 91-40-17(e)(2), to obtain consent but the
parent or parents have failed to respond.
(h) An agency shall not use a parent's
refusal to consent to an activity or service to deny the parent or child other
activities or services offered by the agency.
(i) If, at any time after the initial
provision of special education and related services, a parent revokes consent
in writing for the continued provision of all special education, related
services, and supplementary aids and services, the following shall apply:
(1) The agency shall not continue to provide
special education, related services, and supplementary aids and services to the
child but shall provide prior written notice in accordance with K.A.R. 91-40-26
before ceasing the provision of those services.
(2) The agency shall not use the procedures
in K.S.A. 72-972a or
K.S.A. 72-996, and amendments thereto, or K.A.R.
91-40-28, including the mediation procedures and the due process procedures, in
order to obtain an agreement or a ruling that the services may be provided to
the child.
(3) The agency shall not
be considered to be in violation of the requirement to make FAPE available to
the child because of the failure to provide the child with further special
education services, related services, and supplementary aids and
services.
(j) If a parent revokes consent in
writing for the child's receipt of all special education and related services
after the child is initially provided special education and related services,
the agency shall not be 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.
(k) If a parent revokes consent for the
continued provision of particular special education, related services,
supplementary aids and services, or placements, or any combination of these,
and the IEP team certifies in writing that the child does not need the service
or placement for which consent is being revoked in order to receive a free
appropriate public education, the following shall apply:
(1) The agency shall not continue to provide
the particular special education, related services, supplementary aids and
services, and placements for which consent was revoked but shall provide prior
written notice in accordance with K.A.R. 91-40-26 before ceasing the provision
of the particular special education, related services, supplementary aids and
services, and placements.
(2) The
agency shall not be considered to be in violation of the requirement to make
FAPE available to the child because of the failure to provide the child with
the particular special education, related services, supplementary aids and
services, or placements, or any combination, for which parental consent was
revoked.
(l) If a parent
who revoked consent for all special education, related services, and
supplementary aids and services under subsection (i) subsequently requests that
the person's child be reenrolled in special education, the agency shall conduct
an initial evaluation of the child to determine whether the child qualifies for
special education before reenrolling the child in special education. If the
team evaluating the child determines that no additional data are needed to make
any of the determinations specified in K.A.R. 91-40-8(c)(2), the agency shall
give written notice to the child's parent in accordance with K.A.R.
91-40-8(e)(2) . If the child is determined to be eligible, the agency shall
develop an initial IEP.
Notes
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