If a parent refuses consent for the initial services placement, which statement is true?

If a parent refuses consent for the initial services placement, which statement is true?

• A. District cannot pursue mediation/due process
• B. No FAPE violation
• C. No need to convene an IEP meeting to develop an IEP
• D. The district must provide services anyway

Answer: (A)

Parental consent is required before the district can conduct an initial evaluation or place a child in an initial IEP. When a parent withholds that consent, the district must pause and cannot begin the evaluation or provide initial services. Because no evaluation or placement is being pursued, there isn’t a dispute over what services must be provided to resolve, so pursuing mediation or due process isn’t appropriate at this point. Mediation is a voluntary process for resolving disagreements, and due process procedures apply to disputes about identification, evaluation, and provision of services—neither can move forward if the parent has refused consent for the initial steps. The district should document the refusal and can revisit consent later, but there is no obligation to convene an IEP meeting or issue services without consent. There isn’t a FAPE claim until services are proposed and provided.

Parental consent is required before the district can conduct an initial evaluation or place a child in an initial IEP. When a parent withholds that consent, the district must pause and cannot begin the evaluation or provide initial services. Because no evaluation or placement is being pursued, there isn’t a dispute over what services must be provided to resolve, so pursuing mediation or due process isn’t appropriate at this point. Mediation is a voluntary process for resolving disagreements, and due process procedures apply to disputes about identification, evaluation, and provision of services—neither can move forward if the parent has refused consent for the initial steps. The district should document the refusal and can revisit consent later, but there is no obligation to convene an IEP meeting or issue services without consent. There isn’t a FAPE claim until services are proposed and provided.