Partial Consent

[Shelby]

Can you do a partial consent of a first IEP?  Meaning can you agree to the gifted portion of the IEP but not the ED label they want to put on a student with Selective Mustism.  I'd prefer OHI for SM diagnosis or just keep the current 504 for SM but want the gifted services.  Any advice?  School is saying can't do a partial but I'm not finding any policy that states that.

 Thanks

 

 

[Debbie]

My son has SM though the school refuses to classify that, off topic. I do recall reading that you can do partial consent for the initial. I think gets tricky with classification though versus programming. Maybe can write your disagreement with the clarification directly on the NOREP and provide documented support for OHI? 

[Carolyn Rowlett]

You can definitely do a partial consent for an initial IEP (after that, it gets a little trickier).  The IDEA (Individuals with Disabilities Education Act) specifically states that a school district cannot use a parent's refusal to consent to one service as an excuse to deny another service.  I'm not familiar with PA, but wherever the school district is asking for your signed consent for special education services (the IEP, the NOREP, or both), sign but write that you are in disagreement with the services for ED (and anything else that you disagree with in the IEP document - the school's evaluation, present levels, etc.)  You can even attach an addendum to the document if you need more room.  (Make sure the attached page is referenced on the signature page on which you note your partial disagreement.)  Then keep your 504 for SM.  Just to cover all bases, you might call the state department of education to make sure you are doing the partial consent correctly.  If you can say "this is how the state told me to do it," the school district will have a hard time denying services.

[JSD24]

PA has a consult line that parents can call or email & be called back a few days later with  answers to questions.  This might be your best solution to this situation.  https://odr-pa.org/consultline-contact/