34 C.F.R. § 300.9

Consent

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Consent means that—

(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or through another mode of communication;

(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and

(c)(1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

(2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

(3) If the parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.

(Authority: 20 U.S.C. 1414(a)(1)(D)) [71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61306, Oct. 30, 2007; 73 FR 73027, Dec. 1, 2008]

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 2000–2021 · leading case: L.J. ex rel. Hudson v. Pittsburg Unified School District

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L.J. ex rel. Hudson v. Pittsburg Unified School District (2016) ca9 “34 C.F.R. § 300.9 (a). To guarantee parents the ability to make informed decisions about their child’s education, the IDEA gives them the right to examine all pertinent education records relating to their child.”

T.R. v. School District of Philadelphia (2016) paed “” 34 C.F.R. § 300.9 (a),(b) (emphasis added).”

G.J. Ex Rel. G.J. v. Muscogee County School District (2012) ca11 “; (b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and (c) (1) The parent understands that the…”

H.P. v. Bd. of Educ. of Chi. (2019) illinoised “" 34 C.F.R. § 300.9 (a). Additionally, CPS must provide certain notices to parents and ensure that such notice "is in the native language of the parents, unless it clearly is not feasible to do so.”

L.J. Ex Rel. Hudson v. Pittsburg Unified School District (2016) ca9 “34 C.F.R. § 300.9 (a). To guarantee parents the ability to make informed decisions about their child’s education, the IDEA gives them the right to examine all pertinent education records relating to their child.”

Hupp v. Switzerland of Ohio Local School District (2012) ohsd “34 C.F.R. § 300.9 (a). With respect to consent to withdraw special education services, .”

LIH Ex Rel. LH v. New York City Board of Education (2000) nyed “” 34 C.F.R. §§ 300.9 , 300.519-300.529. There can be no question that the summer school program here qualifies under this definition.”

G.J. ex rel. E.J. v. Muscogee County School District (2010) gamd “34 C.F.R. § 300.9 . Among other things, the parents must be informed about “any evaluation procedures” the school proposes to conduct.”

S.H. v. Mount Diablo Unified School District (2017) cand “The IEP team includes “the parents of a child with a disability;” “not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment);” “not less than 1 special education teacher, or where appropriate, not…”

Department of Education v. M.F. ex rel. R.F. (2011) hid “2001) (indicating the purpose of the IDEA’S notice procedures is to assure parents are “fully informfed]”); see also 34 C.F.R. § 300.9 (a) (defining “consent” to mean “[t]he parent has been fully informed of all information relevant to the activity for which consent is sought”)…”

L. J. v. Pittsburg Unified School Dist. (2017) ca9 “34 C.F.R. § 300.9 (a). To guarantee parents the ability to make informed decisions about their child’s education, the IDEA gives them the right to examine all pertinent education records relating to their child.”

H.P. v. Board Of Education Of The City Of Chicago (2019) ilnd “” 34 C.F.R. § 300.9 (a). Additionally, CPS must provide certain notices to parents and ensure that such notice “is in the native language of the parents, unless it clearly is not feasible to do so.”

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