When a new eligibility category is determined (for a student already receiving special education services), must the school have written consent from the parent before it can begin to provide services in that new area?

Published: June 16th, 2016

There is no such requirement. The regulations that implement the IDEA require that parents provide informed written consent prior to the initial provision of special education. [34 C.F.R. § 300.300(b)] There is no requirement that schools obtain written consent when a new disability category or a new related service is determined to be necessary to provide the child with a FAPE.