Md. Code Regs. 13A.05.01.13

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.05.01.13 - Procedural Safeguards - Consent

A. Consent for Assessment Procedures.

(1) A public agency shall obtain written parental consent in accordance with 34 CFR § 300.300 before conducting assessment procedures as described in Regulations .05B and .06D of this chapter.

(2) If a parent refuses consent for initial assessment procedures, or assessment procedures as part of a reevaluation, a public agency may pursue assessment through mediation or due process as described in 34 CFR §§ 300.506- 300.518, and Regulation .15B and C of this chapter.

(3) A public agency is not required to obtain parental consent:

(a) Before reviewing existing data;

(b) Before administering a test or other procedure that is administered to all students unless, before administration of that test or procedure, consent is required of the parents of all students; or

(c) For assessment procedures as part of a reevaluation, if the public agency can demonstrate that reasonable measures have been taken to obtain consent, and the parent has failed to respond.

(4) To satisfy the requirement of §A(3) of this regulation, a public agency shall maintain a record of its attempts to obtain parental consent consistent with the procedures in Regulation .07C(7)(b) of this chapter.

(5) If a student is a ward of the State, a public agency shall make reasonable efforts to obtain informed parental consent from the student's parent as defined in Regulation .03B(52) of this chapter for initial assessments in accordance with 34 CFR § 300.300 and Education Article, § 8-412, Annotated Code of Maryland.

B. Consent for Special Education Services.

(1) A public agency shall obtain written parental consent before the initial provision of special education and related services to a student with a disability.

(2) A public agency may not provide special education and related services consistent with 34 CFR § 300.300 if a student's parent:

(a) Refuses to provide the public agency consent for the initiation of special education and related services; or

(b) Fails to respond to a request by the public agency to provide consent for the initiation of special education and related services.

(3) If a parent refuses to provide consent for the initiation of special education and related services, the public agency may not provide special education and related services to the student by using procedures described in Regulation .15B and C of this chapter and consistent with 34 CFR § 300.300.

(4) Consistent with 34 CFR § 300.300, if a parent of a student with a disability refuses to provide the initial consent as described in §B(2) of this regulation, or revokes consent as described in §B(5) of this regulation, the public agency is not:

(a) Considered to be in violation of the requirement to make FAPE available to the student for failing to provide the student with the special education and related services for which the public agency sought parental consent in accordance with §B(1) of this regulation or further special education and related services in accordance with §B(5) of this regulation and consistent with 34 CFR § 300.300; and

(b) Required to convene an IEP team meeting or develop an IEP for the student for the special education and related services for which the public agency sought initial consent consistent with 34 CFR § 300.300.

(5) If, at any time subsequent to the initial provision of special education and related services, the parent revokes consent in writing for the continued provision of special education and related services, the public agency:

(a) Shall provide the parent prior written notice in accordance with 34 CFR § 300.503 and Regulation .12 of this chapter before ceasing the provision of special education and related services;

(b) May not continue to provide special education and related services to the student;

(c) May not use the procedures described in Regulation .15B and C of this chapter to obtain agreement or a ruling that the services may be provided to the child; and

(d) 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, in accordance with 34 CFR § 300.9(c)(3).

(6) After the initiation of special education and related services, parental consent is not required to implement the student's IEP.

(7) Consent for initial evaluation may not be construed as consent for initial placement.

(8) A public agency shall obtain parental consent or the consent of the student who has reached the age of majority in accordance with Education Article § 8-412.1, Annotated Code of Maryland, before inviting a participating agency to attend a student's IEP team meeting to consider services described in Regulation .09A(3) of this chapter, consistent with 34 CFR § 300.321(b)(3).

(9) A public agency shall annually obtain parental consent to access medical assistance for service coordination and health-related services, in accordance with 34 CFR § 300.154(d)(2)(iv).

(10) A public agency may not use a parent's refusal to consent to one service or activity to deny the parent or student any other service, benefit, or activity of the public agency, except as required by this chapter.

Md. Code Regs. 13A.05.01.13

Regulations .13 adopted effective December 23, 1991 (18:25 Md. R. 2757)
Regulation .13A amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md R. 826)
Regulation .13B amended effective June 23, 2003 (30:12 Md. R. 789); May 7, 2007 (34:9 Md R. 826); October 5, 2009 (36:20 Md. R. 1530)