We continue to see cases where parents are told by school officials that they must consent to a grossly inadequate IEP “or no services” will be provided to their special needs child when there is an alternative disciplinary placement. School districts are wrong when they take this position and this “take or leave it” approach places parents and children in an unfair and difficult position.
The “Parental Consent Rule” does apply to disciplinary placements. Virginia Regulation 8 VAC 20-81-170 E (1)(d ) states that informed parental consent is required before any changes are made to a child’s IEP services. Furthermore the Virginia Department of Education (VDOE) has clarified that this rule applies when there is a change of placement for discipline reasons. Special education services must be provided in the alternative setting. See VDOE Parent’s Guide to Special Education (page 45).
When challenged through the formal complaint process, school districts have been ordered by the Virginia Department of Education to comply with the law and to consider compensatory services to children when this rule is violated. Since this problem persists, it remains to be seen if a number of school districts will get the message.
