Authority: 34 C.F.R. Parts 99 and 300; Texas Educators Code (TEC); 19 T.A.C. Chapter 89
PARENTAL CONSENT
 

FEDERAL AND STATE  REQUIREMENTS

CITATIONS

 

Consent for Full and Individual Evaluation

300.505(a)(1)
Fully inform the parent of all information relevant to the activity for which consent is being sought in the native language of the parent or other mode of communication used by the parent.  300.500(b)(1)(i)
On request of a child's parent, before obtaining the parent's consent  for the administration of any psychological examination or test to the child that is included as part of the evaluation of the child's need for special education, a school district shall provide to the child's parent: (1)  the name and type of the examination or test and (2)  an explanation of how the examination or test will be used to develop an appropriate individualized education program for the child.

TEC 29.0041

  • If the district determines that an additional examination or test is required for the evaluation of a child's need for special education after obtaining consent from the child's parent, the district shall provide the information described above to the child's parent regarding the additional examination or test and shall obtain additional consent for the examination or test.

TEC 29.0041

  • The time required for the district to provide information and seek consent may not be counted toward the 60 calendar days for completion of an evaluation.  If a parent does not give consent to the additional examination or test within 20 calendar days after the date the district provided to the parent the information required by that subsection, the parent's consent is considered denied.

TEC 29.0041

Describe the proposed evaluation (parent must be fully informed of all information relevant to the evaluation). 300.500(b)(1)(i),(ii)
   Obtain parental verification in writing that he/she:   
  • Understands and agrees to the evaluation.
 300.500(b)(1)(ii)
  • Understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.
300.500(b)(1)(iii)(A)
  • Understands that if the parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).
300.500(b)(1)(iii)(B)
If the parents of a child with a disability refuse consent for initial evaluation, the district may continue to pursue those evaluations by using the due process and mediation procedures, if appropriate, except to the extent inconsistent with state law relating to parental consent.  300.505(b)
300.506
300.507
300.508
Informed parental consent need not be obtained for reevaluation if the district can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parent has failed to respond. To meet the reasonable measures requirement, the district must use procedures consistent with those for ensuring parental participation in ARD meetings.  300.505(c)
300.345(d)
Conduct a FULL AND INDIVIDUAL EVALUATION.  
A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by IDEA, Part B to both the student and the parents.  All other rights accorded to parents under IDEA, Part B transfer to the student.  All rights accorded to parents under IDEA, Part B transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution.  See Notice of Transferral of Parental Rights TEC 29.017
 

Consent for Disclosure of Confidential Information

 
Fully inform the parent of all information relevant to the activity for which consent is being sought in the native language of the parent or other mode of communication used by the parent.  300.500(b)(1)(i)
Describe the proposed disclosure (parent must be fully informed of all information relevant to the disclosure). 300.500(b)(1)(i),(ii)
Describe the purpose of the disclosure.                 99.30(b)(2)
List the records that will be released/disclosed. 300.500(b)(1)(ii)
99.30(b)(1)
Identify to whom the confidential information will be disclosed.

300.500(b)(1)(ii)
99.30(b)(3)

  Obtain parental verification in writing that he/she:   
  • Understands and agrees to the disclosure.
 300.500(b)(1)(ii)
  • Understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.
300.500(b)(1)(iii)(A)
  • Understands that if the parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).
300.500(b)(1)(iii)(B)
Sign and date consent. 99.30(a)
A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by IDEA, Part B to both the student and the parents.  All other rights accorded to parents under IDEA, Part B transfer to the student.  All rights accorded to parents under IDEA, Part B transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution.  See Notice of Transfer of Parental Rights. TEC 29.017
 

Consent for Initial Provision of Special Education and Related Services

300.505(a)(1)(ii)
Fully inform the parent of all information relevant to the activity for which consent is being sought in the native language of the parent or other mode of communication used by the parent.  300.500(b)(1)(i)
Describe the proposed activity (parent must be fully informed of all information relevant to the activity). 300.500(b)(1)(i), (ii)
       Obtain parental verification in writing that he/she:              
  • Understands and agrees to the provision of special education and related services.
300.500(b)(1)(ii)
  • Understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.
300.500(b)(1)(iii)(A)

  • Understands that if the parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

300.500(b)(1)(iii)(B)

A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by IDEA, Part B to both the student and the parents.  All other rights accorded to parents under IDEA, Part B transfer to the student.  All rights accorded to parents under IDEA, Part B transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution.  See Notice of Transfer of Parental Rights. TEC 29.017
 

Consent to Access Private Insurance

300.142(f)(1)

Fully inform the parent of all information relevant to the activity for which consent is being sought in the native language of the parent or other mode of communication used by the parent.  300.500(b)(1)(i)
Describe the proposed activity (parent must be fully informed of all information relevant to the activity). 300.500(b)(1)(i), (ii)
Inform the parents that their refusal to permit the district to access their private insurance does not relieve the district of its responsibility to ensure that all required services are provided at no cost to the parents. 300.142(f)(2)(ii)
         Obtain parental verification in writing that he/she:                        
  • Understands and agrees to let the district access their private insurance.
 300.500(b)(1)(ii)
  • Understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.
300.500(b)(1)(iii)(A)
  • Understands that if the parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).
300.500(b)(1)(iii)(B)
A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by IDEA, Part B to both the student and the parents.  All other rights accorded to parents under IDEA, Part B transfer to the student.  All rights accorded to parents under IDEA, Part B transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution.  See Notice of Transfer of Parental Rights. TEC 29.017
 

Consent for Transfer of Assistive Technology Devices
 (TEA Form)

89.1056(b)(2)
TEC 30.0015(c)(3)
Transfer means the process by which a school district that has purchased an assistive technology device may sell, lease or loan the device for the continuing use of a student with a disability changing the school of attendance in the district or leaving the district. TEC 30.0015(a)(3)
Fully inform the parent of all information relative to the activity for which consent is being sought in the native language or other mode of communication used by the parent or adult student.  300.500(b)(1)(i)
Describe the proposed activity (parent must be fully informed of all information relevant to the activity). 300.500(b)(1)(i), (ii)
       Obtain parental verification in writing that he/she:              
  • Understands and agrees to the transfer of the assistive technology device.
 300.500(b)(1)(ii)
  • Understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.
 300.500(b)(1)(iii)(A)
  • Understands that if the parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).
300.500(b)(1)(iii)(B)
If the parents of a child with a disability refuse consent, the district may continue to pursue the transfer by using the due process and mediation procedures, if appropriate, except to the extent inconsistent with state law relating to parental consent.

300.505(b)
300.506
 300.507
300.508
 89.1056(b)(2)

A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by IDEA, Part B to both the student and the parents.  All other rights accorded to parents under IDEA, Part B transfer to the student.  All rights accorded to parents under IDEA, Part B transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution.  See Notice of Transfer of Parental Rights.  TEC 29.017
 

Consent For Release Of Confidential Information From The Registration Of Students With Visual Impairments (TEA FORM)

 

All students who are eligible for special education as Visually Impaired or as Deaf/Blind must be registered by the district on the Texas Education Agency’s annual Registration of Students with Visual Impairments.

 

 

 

Consent for Release of Confidential Information from the Deaf/Blind Census
(TEA FORM)

 

All students who are eligible for special education as Deaf/Blind, or as both Auditorily Impaired and Visually Impaired, or who are at-risk for deaf/blindness, must be registered by the district on the Texas Education Agency’s annual Deaf/Blind Census.