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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

Posts Tagged ‘parent consent’

Parent consent not necessary to disclose records to potential private placements

Thursday, July 17th, 2014

Letter to Anonymous, 113 LRP 35724 (FPCO 2013): The federal Department of Education’s Family Policy Compliance Office (FPCO) advised an attorney that school districts have the ability and authority to disclose a student’s educational records to a potential out-of-district placement as part of the school district’s attempt to secure an appropriate program under the IDEA.  In that circumstance, parental consent is not required before the school district can disclose personally identifiable information.

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Parent consent may be necessary for later stages of RTI

Thursday, June 26th, 2014

Letter to Gallo, 61 IDELR 173 (OSEP 2013): The federal Department of Education’s Office of Special Education Programs (OSEP) advised a state education official that a school district need not seek parental consent to conduct an evaluation if the evaluation (including certain primary levels of an RTI framework) consists of the collection of data from all students in a general education setting.  Moreover, consent would not be necessary to review any data so collected within the context of determining the possible existence of a disability.  However, consent is required if, during a later stages of an RTI framework.  The critical determination is if the evaluation relates to an individual student and to determine whether the student has a disability potentially requiring special education and related services.  Accordingly, even if within the context of RTI (and not a formal referral to the IEP team) consent would still be required.

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