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What if a parent doesn't provide consent for evaluation or for services?
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If a parent does not provide their consent for
an evaluation, the local education agency (LEA) does have the authority to use
the due process procedures to seek an order from a hearing officer requiring an
evaluation. LEAs should use this authority sparingly. If a parent does not
provide their consent for the provision of services, no special education or
related services may be provided. The right of a parent to decide what
educational services their child receives cannot be overturned using IDEA's due
process procedures. If a parent indicates that they will refuse both consent for
evaluations and consent for services, nothing in IDEA requires that an LEA use
the due process procedures to proceed through the evaluation phase. Source: IDEA
Guide to Frequently Asked Questions.
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