[SE-Dir] OSL&P: Revocation PWN

ALLRAN Laura Laura.Allran at state.or.us
Wed Jan 21 14:47:46 PST 2009


TO:       All District and ESD Special Education Directors

The message below is being forwarded to you on behalf of:

Nancy Latini, PhD
Assistant Superintendent
Student Learning & Partnerships
______________________________________________
January 21, 2009

RE:      Revocation PWN

There have been many questions about the amendment to IDEA relative to parent revocation of special education and related services.  The following information and attachment should assist in clarifying that amendment.  Please know that ODE submitted a proposed change in statute to reflect this amendment.  Immediately following legislative approval, the Department will create rules to further explain the statute and ask for your input prior to any hearing.

Final amendments to the 2006 IDEA, effective December 31, 2008, allow for parents to revoke consent for the continuing provisions of special education and related services at any time.  Under this amendment, districts may not try to override a parent's decision to revoke consent but must receive the parent's written revocation decision and districts must provide prior written notice that they will honor the parent's revocation request.  A district may request a meeting with the parent to discuss the revocation; however, districts are prohibited from requiring attendance at such a meeting or imposing other conditions that delay or deny the termination of services.  Mediation or due process may not be used by the district.

The district must, in their written notice, be clear that the child will no longer receive special education and related services or the protections provided by the IDEA procedural safeguards - including the discipline protections.  The written notice must be sent after the parent revokes consent and a reasonable period of time before the district terminates the provision of special education services to the child.

Remember: (1) A district will not be considered in violation of the requirement to make FAPE available to the child as a result of terminating special education and related services following the revocation of parental consent for such services.  (2) A district is not required to convene an IEP team meeting or develop an IEP for a child whose parent has revoked consent for the continued provision of special education and related services.

The attached sample form will assist you should you get such a request.  This form will be posted on the ODE web site along with the other sample forms.  For further clarification after you read this message and review the form, please contact our legal specialist, Ty Manieri at ty.manieri at state.or.us<mailto:ty.manieri at state.or.us> or 503-947-5689.

If you have any difficulty opening the attached document, please contact Laura Allran at laura.allran at state.or.us<mailto:laura.allran at state.or.us> or  503-947-5674.

Messages to and from this e-mail address may be made available to the public under Oregon law.

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Revocation PWN.rtf
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