Pacesetter (Winter 2009) -- New regulations of the federal Individual with Disabilities Education Act (IDEA) became effective Dec. 31, 2008. IDEA provides a free, appropriate public education for children with disabilities.Two changes of particular importance to parents of children with disabilities involve:
• a parent’s right to revoke consent for special education and related services
• representation of parents and schools by non-attorneys in due process hearings
Since the passage of the first special education laws in 1975, parents have had the right to withdraw consent for special education services. However, school districts also had the right to contest the parent’s decision.
The new regulations allow parents to revoke their consent for special education and related services and require the school district to comply with the parent’s request for the student’s removal from special education. Consequently, schools will not be able to challenge a parent’s decision through mediation or due process hearing.
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