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Webinar Summary - April 1, 2010

Summary of first 10 minutes of the April 1 webinar:

State Regulation Changes/Revocation of Consent: the proposed changes to the state regulations were approved by the State Board of Education on March 26.  A SELS message was sent out regarding this, and the changes made are posted on our website. There was really only one major change and it was in the area of Revocation of Parent Consent. This was the result of a federal regulation change a couple of years ago. Recall that for years there was an open question about whether a parent had the right to EXIT their child from special education; we knew that parents had the right to refuse INITIAL placement, but it was unclear whether after a child had already been receiving special education a parent could remove them and have them served as a regular education/nondisabled student. The new federal regulation resolved this issue and made it clear that indeed a parent has the right to exit their child.

I have heard concerns that some folks are confused about this and are not clear on this historical background – and that the revocation of consent is referring to removal completely from special education. I have heard that some folks are thinking that this is needed in order to move a child to an alternative school or alternative school building. Remember that movement from one location to another is not in and of itself a change of placement. If the IEP will be implemented in the new building or alternative school, no consent is required, and there is no context for asking a parent to revoke consent in order to accomplish movement to the alternative school.

Pending OSEP policy letter: Recently I submitted a request for a formal response from OSEP on the issue of eligibility category. The question is whether a written notice must be provided to the parent specifying the category of eligibility determined. Will keep you posted.

ARRA Quarterly Reporting Reminders: