Parental Consent & Notice

Consent  means that a parent understands the activity that is being processed and agrees in writing that it can be carried out. Parental consent or permission must be obtained before an initial evaluation or a reevaluation involving tests, and before special education and related services are provided for the first time. The school must also get parental consent to seek reimbursement from the government for providing related services to Medicaid-eligible students with disabilities (called the School-Based Medicaid Claiming Program).

Once your child is receiving services, you have the right to revoke (or take back) your consent for your child to continue to receive special education and related services. The school will provide a prior written notice (PWN) confirming when your child’s IEP services will end. Your child will then be treated as a regular education student, and special education protections and benefits will not apply.

As the parent of a child with a disability or suspected disability, the school must provide you with enough information to make an informed decision about any action that the school is proposing. You must also be informed about meetings planned to discuss your child’s special education and receive notice early enough to give you an opportunity to attend. The proposed meeting time must be at a time and place that is convenient for both you and school personnel. If y ou cannot make the meeting, the school must try to call or write to you to get your input.

The PWN must be given to you a reasonable time before the school 1) proposes to begin or change the identification, evaluation or placement of your child or to revise his or her Individualized Education Program, or 2) refused to do any of the above at the parent’s request. This notice must be written in a language understandable to you and contain:

• A description of the action proposed or refused,
• An explanation of why the school proposes or refuses the action,
• A description of what other options were considered, and why they weren’t chosen,
• A description of each evaluation procedure, record, assessment or report that was used to make the decision to initiate or refuse the action, and
• How to get a copy of the procedural safeguards notice and agencies that parents may contact for assistance in understanding the special education process.

The Procedural Safeguards Notice for Parents and Students under IDEA and Hawaii Law and Regulations is a booklet that must be provided to you once in a school year in a language or form of communication that you understand. A copy of this notice must also be given to you when you request it, as well as when:

• You ask to have your child evaluated or your child is referred for evaluation,
• A decision made to discipline your child will result in a change of placement, or
• You first request a due process hearing or file a State complaint.