According to 34 CFR Section 300.9(a) of the IDEA, the first condition for consent is that "the parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or through another mode of communication." The school district did provide information about the tests they were going to perform and the information they were going to collect in the initial evaluation. However, I also want to know what types of special services might hypothetically be available to address some of my child's specific needs depending on the results of the evaluation. Unfortunately, the school district has not been upfront about providing information on the range of services they could potentially offer if appropriate. I know what some of the possible services should be from support groups. Do I have a right to be fully informed about the services the school district might potentially consider before I give consent for an initial evaluation?
You do not have to give consent, and you do not need a reason. If you have a reason, then they are not required to accommodate it. The range of services that can be provided are in the New York State regulations, which you can read. I am unsure if you want an evaluation or not, and if you want services or not. You need to determine these issues first.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.