Signing School Documents

With special education services, there are several types of consents you will be asked to sign. It's important to know what you'll be signing to. Signing school documents are both nerve wracking and confusing sometimes. We'll break it down and explain what services and actions your signature will be consenting to.

At the start of the special education process, one of the first consents you'll be asked to sign is to give permission to evaluate your child to see if they are eligible for special education services and an IEP. Parents have many legal rights and protections. Informed consent is one of them. Before the school can take certain actions, it must inform you and get your written consent.

When the School Must Ask for Your Consent

Under the Individuals with Disabilities Education Act (IDEA), the school must ask for your consent at these times:

Before the school conducts an initial evaluation or a reevaluation of your child
Before the school provides

Services to your child for the first time through an IEP
Before inviting non-school agencies to participate in IEP meetings to discuss your child’s transition to adult life
Requesting to bill your child's Medicaid for reimbursement of services

You must give permission in each situation above. If the school takes one of these actions without getting your consent, you have options. You can ask for due process or file a state complaint.

The Legal Definition of Informed Consent

According to IDEA, informed consent has three requirements:

You’ve been fully informed about what the school wants to do. The school will typically send you a letter or document describing what will happen in detail. This is known as

. Sometimes, this notice can be hard to understand and full of unfamiliar terms. You have the right to ask the school to explain anything you don’t understand. You also have the right to receive this notice (as well as give your consent) in your native language, like Spanish or even braille.
You understand and agree in writing. Even if you say that you agree in a conversation or meeting, the school can’t proceed. The school needs your signature (or written agreement).
You understand that consent is voluntary and that you can withdraw or deny consent at any time. The school must send you a written notice of your and your child’s legal rights, called procedural safeguards.

What Happens If You Refuse to Consent

You can refuse to give informed consent by simply saying no. A parent can also refuse by just not answering when asked. If you don’t give consent, the school can’t act. It’s your decision.

Sometimes, a school can’t get in contact with a parent. Or the school wants to evaluate or reevaluate a child, but a parent refuses. In these cases, the school can try to use dispute resolution options like mediation or due process to get an evaluation. However, this only applies to evaluations. The school may never “override” your decision not to allow special education services to your child.

Types of Consents

What is a NOREP?

The Notice of Recommended Educational Placement (also called a Prior Written Notice (PWN) in some states like PA) is one of the most misunderstood documents in special education. Your child’s school district or charter school is required to provide notice whenever it proposes or refuses to change the special education identification, placement, or provision of a Free Appropriate Public Education (FAPE) for your child. The NOREP is the form most schools use to provide that notice.

What do I need to know about answering NOREPs? This article gives you an overview of the timelines and what to do wither you approve of the changes or not. Be mindful if the school doesn't issue consents or IEP's in a timely manner. Watch those dates! It should be the day of the meeting. Ask for the revised copy before you leave. If they say no or don't send it home or via email with a couple of days, don't stress over it. Document it in an email to the LEA that you don't have sufficient time to read through it. If you don't agree with the IEP, write a short, polite letter to the school to explain your questions/ concerns and document you don't agree and request another meeting on the NOREP. Then prepare for the next meeting – identify any problems and be prepared to propose solutions.

What is Prior Written Notice PWN?

The little known game-changer in the IEP process. Parents often mistakenly think that this means prior to the IEP meeting. It doesn’t. It means prior to a change. Under IDEA, parents have the right to receive prior written notice from the school each time that the school proposes to take (or refuses to take) certain actions with respect to your child.

How is Prior Written Notice (PWN) different from a NOREP? Schools are required to send written explanations of any proposed changes in your child's educational plan. It looks very similar to a NOREP but it doesn't change the placement of the child.

What is a Medicaid Consent Form?

The School-Based ACCESS Program (SBAP) allows Local Education Agencies (LEAs) to received Medical Assistance MA reimbursement for IEP medically necessary health-related services provided to students who are eligible for MA. The Medical Catastrophic Coverate ACT of 1988 clarified the federal funding for IDEA services.

What type of services are eligible for reimbursement?

Audiology, assistive technology devices, IEP development, nursing (RN and LPN), OT, PT, psychiatric, social work, speech, teacher for hearing impaired, special transportation and limited vision services. These funds are used only in the special education dept to enhance services and programs. Keep in mind, this reimbursement is a big chunk of the school's special education budget.

As a parent, what else do I need to know?

IDEA and Family Education Right and Privacy Act (FERPA) require that schools obtain written parental permission to disclose personally identifiable info about students to bill MA. The money from your child's MA is added to a larger pool of money so it doesn't necessarily only benefit your child. There is speculation about how this affects your child's MA eligibility in the long term for future services. Refusal to allow your child's school to bill MA doesn't relieve your child's school district of its responsibility to provide agreed services at no cost to parents. If you do consent, you shouldn't be receiving co-pays either.

***Advocates and lawyers often say do not sign your IEP at the end of the meeting. Click here to find out why.