Understanding Consent

Parental Consent means that:

• The parent has been informed in the language he/she speaks about all the information regarding the activity.
• The parent understands and agrees in writing to the activity. The parent’s consent describes, in writing, the activity to which he/she agrees, including a list of any record(s) that the parent authorizes to be released and to whom.
• The parent’s permission is given freely and may be withdrawn at any time.

The parent’s consent will be requested when:

• The child will be evaluated for the first time by the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) to decide if he/she has a disability requiring special education.
• The child is recommended to receive special education services and programs for the first time.
• The child is recommended to receive twelve-month special education services (programs during July and August) for the first time.
• The child is to be reevaluated.
• The school district proposes to use the parent’s private insurance. In this case, the parent must be notified that even by refusing the use of these funds, the CSE is still responsible to provide all required services at no cost to the parent.
• Another agency, other than a school, asks to review records about the child. The request for consent will include information about the records that will be released and to whom they will be given.

Persons authorized to sign consent for special education evaluation and services include:

• A parent: “Parent” is defined broadly to include a birth or adoptive parent, a guardian, a person in parental relationship to the child (e.g. a grandparent, stepparent, or other relative with whom the child resides) or a foster parent. If there is more than one person who meets the definition of “parent”, the birth or adoptive parent is given priority unless he/she does not have legal authority too make educational decisions for the child.
• A surrogate parent: Surrogate parents are appointed if the birth or adoptive parents’ identities are unknown, their whereabouts are unknown, or their rights have been terminated and there is no other person in the child’s life who meets the definition of “parent.”
• A “person in parental relation” appointed by the parent: NY General obligations law § 5-1551 allows parents to voluntarily appoint a person in parental relation to make educational decisions on behalf of a child. Click here for a form that can be use for that purpose.

NOTE: A foster care agency or foster care case worker CANNOT sign consent for special education evaluations or services.