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The GAP Attorneys Blog

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

Withdrawal of IDEA consent does not automatically withdraw 504 consent

D.F. v. Leon County School Board, 62 IDELR 167 (N.D. Fla. 2014): A federal district court permitted a suit by the parent of a student with a hearing impairment to continue, notwithstanding the parent’s withdrawal of consent for services in accordance with the IDEA.  The school district argued that the parent’s withdrawal of consent applied not only to IDEA services, but also any services which would be required under Section 504 or the ADA.  The court, however, held that the parent’s 504 and ADA claims could proceed since, as part of her withdrawal of consent, she requested services (such as technology to assist the student in the classroom) in accordance with Section 504.  The court noted that a parent’s refusal to consent to a more comprehensive IEP does not necessarily authorize a school “to refuse to provide technology to help a student hear in other classes.”

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