Information Update Bulletin 98.10 - Q & A

August 1998

TO:	District Administrators, CESA Administrators, CCDEB Administrators, Directors of Special Education and Pupil Services, and Other Interested Parties
FROM:	Juanita S. Pawlisch, Ph.D., Assistant Superintendent Division for Learning Support: Equity and Advocacy
SUBJECT:	Answers To Frequently Asked Questions Stemming From Recent Statutory Changes

The Department of Public Instruction has received many questions relating to the changes in federal law which became effective in June of 1997 and the changes in state law which became effective on May 6 of this year. Department staff have compiled answers to 30 of the most frequently asked questions which are included in this Bulletin. The answers to additional questions are being finalized and will be published over the course of the next several months in additional bulletins. The answers which are included in this Bulletin primarily are based on the Individuals with Disabilities Education Act Amendments of 1997 and Subchapter V of Chapter 115, Wis. Stats. Several of the answers also are based on federal regulations which predate the amendments to the federal statute, but which were not modified by those amendments. Although proposed federal regulations were published in October of 1997, those regulations have not been published as final regulations and it is not clear when they will be. Consequently, the answers to the questions in this Bulletin are not based on those proposed regulations because they do not yet have the force of law. Following the finalization of the proposed federal regulations, the department will issue a Bulletin to alert districts to changes, if any, in the answers to these questions which those final amendments may require.

Questions regarding this Information Update Bulletin may be addressed to the Wisconsin Department of Public Instruction, Division for Learning Support: Equity and Advocacy, at 125 South Webster Street, P.O. Box 7841, Madison, Wisconsin 53707-7841, or by calling (608) 266-1781.

Table of Contents	Page No.
I. Evaluation and Reevaluation
1. What is the parent's role in evaluation?	4
2. Do parents have a voice in determining what assessments, including tests, are used and how they are used?	4
3. What is the difference between an initial evaluation and a reevaluation?	4
4. What data is reviewed by the IEP team?	4
5. When is parental consent obtained for an initial evaluation and a reevaluation?	5
6. What would be considered "reasonable measures to obtain consent" for administering tests and other evaluation materials as part of a reevaluation when the parent fails to respond?	5
7. What is "extensive and recent training and experience related to the child's known or suspected disability?" When might it be "appropriate" to use "at least one special education provider of the child" instead?	6
II. Individual Summary of Findings and Evaluation Reports
8. As part of an initial evaluation or reevaluation, are IEP team participants required to prepare individual reports?	6
9. What should be included in an IEP team member's individual summary of findings?	6
10. Do participants on the IEP team need to do written reports for all IEP team meetings?	7
11. Must regular education teachers on the IEP team prepare a written report for each IEP team meeting?	7
12. Is it permissible for IEP team participants to jointly or collectively submit a written summary of the participants' findings as part of the evaluation or reevaluation of a child?	7
13. Since parents are IEP team participants, can the district require the parent(s) to develop and submit a written summary of findings?	8
14. If parents want copies of IEP team participants' summaries of findings available tothem at an IEP team meeting, do they need to request them within 10 days after receiving notice of evaluation?	8
15. Must the IEP team inform parents verbally at each IEP team meeting of their rights to have additional time and to receive a copy of the team's evaluation report before proceeding with the meeting?	8
16. If an IEP team conducts an annual IEP review and revision and no reevaluation was requested, warranted, or due, must the district send a copy of the last evaluation report to the parents along with the placement notice?	9
17. Must notice of invitation to any IEP team meeting, including annual review/revision of IEP, include information that parents can have additional time to review if they need it and that they can request a copy of the evaluation report?	9
18. Are there any provisions for the director to approve the evaluation report as in the past with the M-Team report?	9
III. Consensus
19. What is the LEA to do if the participating school staff on the IEP team cannot reachconsensus?	9
20. What is the LEA to do if the school staff on the IEP team agree but parents disagree with the school staff?	10
IV. Transition
21. Must all 14-year-old students with disabilities have transition statements included in their IEPs?	10
22. What is the difference between the transition requirements for 14-year-olds and for 16-year-olds?	11
V. Orientation and Mobility
23. What are orientation and mobility services?	11
24. Who can provide orientation and mobility services?	11
25. When you look at orientation and mobility as related services, can this also be considered under transitioning services for a student who needs help with orientation and mobility in the high school (i.e. how to find their way around the building, who to go to with questions)?	12
VI. Timeline
26. Are there any federal or state changes to the timeline requirements?	12
VII. Individualized Education Program (IEP)
27. Who can and should have a copy of the IEP?	12
28. What is the difference between access to general curriculum and participation in regular education?	13
VIII. Placement
29. When do we need to get parental consent for placement?	13
IX. Transfer of Parental Rights
30. Once the student turns 18 and the transfer of rights occurs, what, if any, information can be shared with parents without the student's consent?	13

I. EVALUATION AND REEVALUATION

1. What is the parent's role in evaluation?

Recent changes to state and federal special education laws have expanded the role of parents in evaluating children with disabilities. Parents are now part of IEP teams that evaluate children. Parents are expected to be equal participants in any meeting with respect to the evaluation of children with disabilities.

At the beginning of the evaluation process, the parents provide information to the rest of the team and participate in the team's review of existing evaluation data to decide what, if any, additional tests are needed. If a child with a disability is being reevaluated, the parents have the right to have the child tested to determine if the child continues to have a disability, even if the team has decided that no testing is needed. After all necessary data is collected, the parents participate with the rest of the team in deciding whether the child has or continues to have a disability and what the educational needs of the child are.

2. Do parents have a voice in determining what assessments, including tests, are used and how they are used?

Parents, as participants on the IEP team, assist in identifying what additional data, if any, are needed to determine if a child has or continues to have a disability and what the child's educational needs are. [115. 782 (2)(b)(2), Wis. Stats.; 614(c)(1), IDEA Amendments 1997, 20 U.S.C. 1414(c)(1)]

The IEP team also has the responsibility of ensuring the selection and administration of valid, nondiscriminatory assessments that will produce the needed data identified by the IEP team. [115.782(2)(a), Wis. Stats; 614(b)(2) & (3), IDEA Amendments 1997, 20 U.S.C. 1414(b)(2) & (3)]

3. What is the difference between an initial evaluation and a reevaluation?

Both state and federal law outline the requirements for an initial evaluation and a reevaluation. [115.782(1) - (4), Wis. Stats.; 614(a) - (c), IDEA Amendments 1997, 20 U.S.C. 1414(a) - (c)] A primary difference between initial evaluation and a reevaluation relates to when parental consent is required (see question 5).

4. What data is reviewed by the IEP team?

At an initial evaluation and at reevaluation, the team must first review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based assessments and observations, and teacher and related services providers' observation. On the basis of that review, and input from the child's parents, the team must then identify what additional data, if any, are needed to determine

• whether the child has, or continues to have, a particular category of disability, as described in PI 11.35 Wis. Admin, Code;
• the present levels of performance and educational needs of the child;
  
  
  • whether the child needs special education and related services; and wheather any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general curriculum. This consideration appears especially relevant at reevaluation because the child has not yet received special education and related services at initial evaluation.

5. When is parental consent obtained for an initial evaluation and a reevaluation?

For an initial evaluation, notice and informed written parental consent is required before a review of existing data is conducted by an IEP team. [115.782(1)(b) & (2)(b)(1), Wis. Stats; 614(a)(1)(C), IDEA Amendments 1997, 20 U.S.C. 1414(a)(1)(C)] If after reviewing existing data, the IEP team decides that additional tests are needed, notice to the parent is required. A new consent by the parent is not required.

A parent can revoke consent at any time during the initial evaluation process. [34 CFR 300.500 (a)(3)] If the parents do not consent to the evaluation, the LEA may continue to pursue the evaluation through mediation or a due process hearing. (115.782(1)(b), Wis. Stats.)

For a reevaluation, informed written parental consent is required after a review of existing data and only if new or additional tests or other evaluation materials will be administered to gather additional data. However, in the process of reevaluation, the LEA may go ahead and administer tests and other evaluation materials without parental consent if the LEA can demonstrate that it had taken reasonable measures to obtain consent and the parent failed to respond. [115.782 (4)(b), Wis. Stats; 614(c)(3), IDEA Amendments 1997, 20 U.S.C. 1414(c)(3)] If a parent refuses to provide consent for additional testing at reevaluation, the LEA may continue to pursue the reevaluation through mediation or a due process hearing.

6. What would be considered "reasonable measures to obtain consent" for administering tests and other evaluation materials as part of a reevaluation when the parent fails to respond?

Reasonable measures to obtain consent should be similar to the measures considered reasonable when seeking the parent's attendance at an IEP meeting. The "three attempts" standard to obtain parental participation at IEP meetings has been considered reasonable and can therefore be considered good practice in obtaining parental consent as well. It should be noted that the LEA must have a record of its attempts to obtain consent for additional assessments, which may include detailed records of telephone calls made or attempted and the results of those calls, copies of correspondence sent to parents and any responses received, and detailed records of visits made to the parent's home or place of employment and the results of those visits. [34 CFR 300.345(d); 615(b)(4) & (d)(2)]

The LEA must ensure that the notice of consent sent is in the native language of the parent unless it is clearly not feasible to do so. The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings, including arranging for an interpreter for parents with deafness or whose native language is other than English. [34 CFR 300.345(e)]

7. What is "extensive and recent training and experience related to the child's known or suspected disability?"

Section 115.78(1m)(c), Wis. Stats. sets out the composition of an IEP team. It applies to all IEP teams regardless of whether the team is conducting evaluation, reevaluation or simply reviewing and revising an IEP or placement.

Both state and federal statute require that the IEP team include an individual "who can interpret the instructional implications of the evaluation results." One of the other required members may or may not suffice for that requirement. Federal law also requires that we use the state's highest licensing standards in identifying qualified personnel. The new statute at 115.782, Wis. Stats. now specifically requires the LEA to notify the parents of "the qualifications of individuals who will conduct the evaluation."

If the IEP participant has the applicable license s/he is generally qualified as having both extensive and recent training and experience related to the known or suspected disability and as being able to interpret instructional implications of the evaluation results. In some instances there is no "applicable license" and in these cases the distrct will need to be able to document that a team participant has extensive and recent training and experience relating to the child's known or suspected disability, as listed in 115.76(5), Wis. Stats., or where appropriate, is the special education provider of the child.

II. INDIVIDUAL SUMMARY OF FINDINGS & TEAM EVALUATION REPORTS

8. As part of an initial evaluation or reevaluation, are IEP team participants required to prepare individual reports?

The requirements under the previous law regarding individual reports has been eliminated. (115.782(2)(e), Wis. Stats.) Under the new Wisconsin statute, only those IEP team participants who have conducted tests, assessments or other evaluation materials as part of an evaluation or reevaluation must prepare a written summary of findings that will assist with program planning. Further, those preparing written summary of findings must make the summary available to all IEP team participants at an IEP team meeting.

9. What should be included in an IEP team member's individual summary of findings?

Each IEP team participant who administers tests, assessments or other evaluation materials as part of an evaluation or reevaluation of a child must prepare a written summary of findings that will assist the team with program planning. Generally, the summary should be no more than one page in length. It should be written in language that is understandable to all team participants, including the parent. The individual summary of findings must be made available to all IEP team participants at an IEP team meeting.

It is not appropriate for a summary of findings to state whether the child is or continues to be a child with a disability. Making such a determination is a function of the IEP team, and that determination will be documented in the team's evaluation report. If the team determines the child is or continues to be a child with a disability, the information in the participant summary of findings should enable the team to develop, review, or revise, if appropriate, the components of the child's IEP and to determine an appropriate placement for the child. If the team determines that the child is not or is no longer a child with a disability, then information in the reports should enable the team to develop recommendations for programming in regular education.

10. Do participants on the IEP team need to do written reports for all IEP team meetings?

IEP team participants are not required to prepare written reports (summary of findings) for all IEP team meetings. A written summary of findings that will assist with program planning must be prepared by participants who administered tests, assessments, or other evaluation materials as part of an initial evaluation or as part of a reevaluation. The written summary must be made available to all team participants at the meeting(s) in which the assessments, tests, or other evaluation materials will be discussed. (115.782(2)(e), Wis. Stats.)

11. Must regular education teachers on the IEP team prepare a written report for each IEP team meeting?

There is no requirement for regular education teachers to prepare written reports (summary of findings) for an IEP team meeting unless that teacher administers tests, assessments or other evaluation materials as part of an initial evaluation or a reevaluation. This written summary is intended to assist the IEP team with program planning. The summary must be available to all IEP team participants at an IEP team meeting. (115.782(2)(e), Wis. Stats.) Refer to questions 8, 9 and 10 in this bulletin for more information.

12. Is it permissible for IEP team participants to jointly or collectively submit a written summary of the participants' findings as part of the evaluation or reevaluation of a child?

In most cases it is not permissible for IEP team participants evaluating a child to jointly or collectively submit a written summary of findings that will assist with program planning. State law provides that "[e]ach (emphasis added)...team participant who administers tests, assessments or other evaluation materials...shall prepare...a written summary of the participant's findings that will assist with program planning." (115.782(2)(e), Wis. Stats.) This language indicates that each team member who administers tests, assessments of other evaluation materials is to submit a separate summary of participant findings.

The only exception to this general rule is in the relatively infrequent situation where two or more team participants jointly administer the same test, assessment or other evaluation materials. In these infrequent instances, the individuals who jointly assessed the child will be permitted to jointly or collectively submit their written summary of findings to assist with program planning for the child.

13. Since parents are IEP team participants, can the district require the parent(s) to develop and submit a written summary of findings?

IEP team participants who conduct tests, assessments, or other evaluation materials as part of an initial evaluation or reevaluation must prepare a summary of findings that will assist with program planning. While the parent(s) may not be conducting tests, assessments, or other evaluation materials, they may choose to share or provide written material to other team participants of their impressions, observations, concerns, or expectations of their child. While the parent(s) cannot be compelled to submit reports, the local education agency (LEA) has an obligation to facilitate meaningful parental involvement and should accept written material offered by the parents. (115.782(2)(e), Wis. Stats.) For example, some districts may offer parents forms or worksheets to assist them in providing input.

14. If parents want copies of IEP team participants' summaries of findings available to them at an IEP team meeting, do they need to request them within 10 days after receiving notice of evaluation?

No. Under prior state law, if parents wanted copies of individual evaluator reports available to them at an M-team meeting, they needed to request them within 10 days after receiving notice of evaluation. Under the new state law, individual reports have been replaced with participant summary of findings. The written summary of findings, which will assist with program planning must be available for all team participants at the IEP team meeting. (115.782(2)(e), Wis. Stats.)

15. Must the IEP team inform parents verbally at each IEP team meeting of their rights to have additional time and to receive a copy of the team's evaluation report before proceeding with the meeting?

Yes. The law specifically requires that "at the beginning of any meeting (emphasis added) to address the evaluation, individualized education program or placement of a child, the local education agency staff shall inform the child's parents of their right to be provided with additional time ... and their right to a copy of the evaluation report" developed as a result of any evaluation. (115.78(4), Wis. Stats.) Thus, if a parent requests a copy of the evaluation report, even one which was written two years before the present meeting being conducted, the report must be provided. The law also specifically requires that if the parent or any other IEP team participant requests more time before proceeding with the meeting in order to permit meaningful parental participation, "the local educational agency shall provide it." (115.78(3)(d), Wis. Stats.) These provisions apply at any point during the process of evaluation, development of the IEP, or placement of the child.

16. If an IEP team conducts an annual IEP review and revision, and no reevaluation was requested, warranted, or due, must the district send a copy of the last evaluation report to the parents along with the placement notice?

No. The requirement for providing a copy of the evaluation report is contained in the evaluation section of the statute and not in the IEP development section of the statute. (115.782 & 115.787, Wis. Stats.) While notice of invitation to an IEP team meeting must indicate that parents have the right to a copy of the evaluation report and the IEP team must verbally inform parents of this right at any IEP team meeting, another copy does not need to be provided with the placement notice following an annual IEP review and revision. If the parents request a copy of the evaluation report at any IEP team meeting, the LEA must provide it to the parents. (See question 15 for more information.)

17. Must notice of invitation to any IEP team meeting, including annual review/revision of IEP, include information that parents can have additional time to review if they need it and that they can request a copy of the evaluation report?

Yes. Any time the district proposes to initiate or change, or refuses to initiate or change the identification, evaluation or educational placement of the child, or the provision of FAPE, the district must provide the parents with prior written notice which includes informing them of their rights to additional time and to a copy of the evaluation report. (See question 15 for related information.) (115.792(2)(i), Wis. Stats.)

18. Are there any provisions for the director to approve the evaluation report as in the past with the M-Team report?

No. The LEA has the responsibility to provide children with disabilities with a free appropriate public education (FAPE). The LEA meets this responsibility, in part, by ensuring that its staff follow the requirements of special education law. For example, the LEA must ensure that the IEP team considers the eligibility criteria and produces an evaluation report which contains documentation to support its conclusions. The LEA may assign oversight responsibility to the director to ensure the law is followed. The director cannot, however, unilaterally revise or override the IEP team's findings and determinations.

III. CONSENSUS

19. What is the LEA to do if the participating school staff on the IEP team cannot reach consensus?

State law specifies that the IEP team "shall" evaluate to determine a child's eligibility or continued eligibility for special education and related services and the educational needs of the child. In addition, it "shall" develop an IEP for the child and determine the special education placement of the child. (115.78(2), Wis. Stats.)

When school staff who are participants on an IEP team are unable to reach consensus, they are in effect, not able to make the required determination with regards to the eligibility, educational needs of the child, IEP content, or placement. This may indicate a need to add more individuals to the IEP team, gather more assessment data or information in order to make a determination, appoint a different IEP team, and/or implement a staff development strategy which focuses on building consensus and working as a team.

20. What is the LEA to do if the school staff on the IEP team agree but parents disagree with the school staff?

Both state and federal law contain provisions under procedural safeguards for how to proceed whenever a parent does not agree with an IEP team's determination of a child's eligibility or continued eligibility for special education and related services, need for special education, IEP content, placement or provision of FAPE. [115, Wis. Stats. and IDEA 1997] The LEA must provide prior written notice whenever it proposes or refuses to initiate or change the identification, evaluation, placement or provision of FAPE to a child. (115.792, Wis. Stats.)

If parents disagree with the action proposed or refused by the LEA, either the parent or the LEA may request mediation or the LEA and parent may make a joint request. (115.797, Wis. Stats.) In addition, parents may file a complaint with the department if they believe a procedural violation has occurred. Parents may also request a due process hearing. (115.792 (3)(b)5 & 115.80, Wis. Stats.)

IV. TRANSITION

21. Must all 14-year-old students with disabilities have transition statements included in their IEPs?

Yes. IDEA Amendments of 1997 and State law require that the IEP for each child with a disability must include "beginning at age 14, and updated annually, a statement of the transition service needs of the child under the applicable components of the child's IEP that focuses on the child's courses of study (such as participation in advanced-placement courses or a vocational education program)." [614(d)(1)(A)(vii)(l), IDEA Amendments 1997, 20 U.S.C. 1414(d)(1)(A)(vii)(I); 115.787(2)(g)1, Wis. Stats.] According to the Senate Report which explains the intent of the law, "[t]he purpose of this requirement is to focus attention on how the child's educational program can be planned to help the child make a successful transition to his or her goals for life after secondary school." (Senate Report 105-17, page 28)

This provision augments, but does not replace, the separate transition services requirement which has been required for several years for children beginning no later than age 16. [614(d)(1)(A)(vii)(II), IDEA Amendments 1997, 20 U.S.C. 1414(d)(1)(A)(vii)(II); 115.787(2)(g)2 Wis. Stats.]

22. What is the difference between the transition requirements for 14-year-olds and for 16-year-olds?

At age 14 and annually thereafter, a child's IEP must include a statement which identifies the courses of study needed to prepare a child for post-secondary goals. Beginning no later than age 16 and annually thereafter, the child's IEP must also include a statement of needed transition services that promote movement from school to post-school activities. These include interagency responsibilities and linkages as appropriate, instruction, related services, community experiences, development of employment and other post-school living objectives, and when appropriate, acquisition of daily living skills and functional vocational evaluation. [115.787(2)(g)(1) & (2), Wis. Stats.; 602.(30), IDEA Amendments 1997, 20 U.S.C. 1401(30); 614(d)(1)(A)(vii)(I) & (II), IDEA Amendments 1997, 20 U.S.C. 1414(d)(1)(A)(vii)(I) & (II)]

V. ORIENTATION AND MOBILITY

23. What are orientation and mobility services?

Orientation and mobility services refer to services provided to students who are blind or visually impaired by qualified personnel to enable those students to attain systematic orientation and safe movement within their school, home, and community environments. These services include:

• teaching students spatial and environmental concepts and use of information received by the senses (such as sound, temperature, and vibrations) to establish, maintain, or regain orientation and line of travel (for example, using sound at a traffic light to cross the street);
  
• teaching students to use the long cane, as appropriate, to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;
  
• teaching students to understand and use remaining vision and distance low vision aids, as appropriate; and
  
• teaching students to understand other concepts and techniques, and to utilize additional tools as appropriate.

24. Who can provide orientation and mobility services?

A licensed orientation and mobility specialist provides this related service to students who are blind or visually impaired as defined in an individual's IEP. [115.76(14) & 115.787(2), Wis. Stats.; 602(22), IDEA Amendments 1997, 20 U.S.C. 1401(22); 614(d)(1)(A), IDEA Amendments 1997, 20 U.S.C. 1414(d)(1)(A)]

25. When you look at orientation and mobility as related services, can this also be considered under transitioning services for a student who needs help with orientation and mobility in the high school e.g., how to find their way around the building, who to go to with questions?

Yes. Orientation and mobility can be considered under transition services as related services, for students with a visual impairment. Orientation and mobility is only for visually impaired students and is only provided by a licensed orientation and mobility specialist. The definition of transition services is a coordinated set of activities for a student with disabilities that includes related services. [602 (30), IDEA Amendments 1997, 20 U.S.C. 1401(30)] The definition of related services include orientation and mobility in the list of services. [602(22), IDEA Amendments 1997, 20 U.S.C. 1401(22); and 115.76 (14), Wis. Stats.]

VI. TIMELINE

26. Are there any federal or state changes to the timeline requirements?

There was no change in the law with respect to the requirement for completing a reevaluation at least once every three years. [614(a)(2), IDEA Amendments 1997, 20 U.S.C. 1414(a)(2); 115.782(4)(a)2, Wis. Stats.] Note that a reevaluation may consist of a review of existing data with no new or additional testing (see questions 3-5).

There was no change in the law with respect to the requirement that the LEA shall notify the parents of the educational placement of their child within 90 days after the LEA receives a special education referral for the child or initiates a reevaluation of the child. (115.78 (3)(a), Wis. Stats.) Before the expiration of the 90-day period, if a LEA needs an extension, it must inform the child's parent of the need and reasons for an extension and request the child's parent to agree in writing to a specific extension of time beyond the 90-day period. (115.78 (3)(b), Wis. Stats.) If the parent does not agree to an extension, the LEA may request an extension from the department. If the department grants an extension, it must notify the parent of the extension and the reasons for granting it. (115.78 (3)(c), Wis. Stats.)

Finally, there was no change in the law with respect to the requirement that a meeting to develop an IEP for the child must be conducted within 30-days of a determination that the child needs special education and related services. [34 CFR 300.343 (c)]

VII. INDIVIDUALIZED EDUCATION PROGRAM (IEP)

27. Who can and should have a copy of the IEP?

Under State law, parents must receive a copy of their child's IEP. (115.787(3)(e), Wis. Stats) All of the child's teachers both special education and general education, related service personnel and others who have the responsibility for implementing the child's IEP should receive a copy of the child's IEP.

28. What is the difference between access to general curriculum and participation in regular education?

The intent of the least restrictive environment (LRE) provision is to ensure to the greatest extent possible that children with disabilities would be educated with non-disabled peers. New state and federal laws add the concept of access to general curriculum, no matter where or with whom, to LRE. Access to general curriculum differs from participation in the regular education environment in that, for example, a child could be placed in a separate facility and have access to the general curriculum. Conversely, a child could receive a special education curriculum in a regular education classroom. The new access to general curriculum standard applies even to children removed for disciplinary reasons to an interim alternative educational setting (IAES). [615(k)(3)(B)(i), IDEA Amendments 1997, 20 U.S.C. 1415(k)(3)(B)(i)]

VIII. PLACEMENT

29. When do we need to get parental consent for placement?

Parental consent is required only for initial placement. [34 CFR 300.505(a)(1)(ii)] Note that consent for initial evaluation may not be construed as consent for initial placement [614(a)(1)(C), IDEA Amendments 1997, 20 U.S.C. 1414(a)(1)(C); 115.782(1)(b), Wis. Stats.]

IX. TRANSFER OF PARENTAL RIGHTS

30. Once the student turns 18 and the transfer of rights occurs, what, if any, information can be shared with parents without the student's consent?

When a child with a disability turns 18, the LEA is required to provide prior written notice to the individual and the individual's parents whenever the LEA proposes to initiate or change, or refuses to initiate or change the identification, evaluation or educational placement of the individual, or the provision of FAPE to the individual. (115.792(2) & (3), Wis. Stats.) No other information can be shared with the individual's parents without the individual's consent. (115.792 (1)(b) & 115.807, Wis. Stats.)

For questions about this information, contact Stephanie J. Petska (608) 266-1781

Last updated on 2/22/2008 1:21:44 PM