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Can I revoke consent to services, evaluations or Special Education?

Updated 31 August 2017

A refusal to consent to one service or activity may not be used to deny the parent or child any other service, benefit, or activity of the school…, except as provided in this rule.

Usually consent to mental health services, medical treatments, evaluations, or Special Education is voluntary. Typically, parents (of children under 18 years) can revoke consent at anytime. If you become dissatisfied with whatever you’ve consented to your child receiving, a simple written letter revoking consent is often all it takes to end it (see example below). I recommend being specific about what you want to end. Do you want to revoke consent to mental health services, medical treatment, an evaluation, Special Education, etc.? Do you want to revoke consent to some or all of it?

[full name of parent]
[address of parent]

[date]

[name of school or provider]
[address of school or provider]

To whom it may concern,

I am [full name of your child]’s parent. I revoke consent to [describe the services].

Sincerely,

Signature of Parent

If I consent to a Special Education evaluation for IEP eligibility, am I also consenting to my child getting Special Education?

Sometimes parents are concerned that if they consent to an evaluation for Special Education eligibility, they might be also consenting to their child getting Special Education—the Oregon Department of Education explains below that “consent for initial evaluation does not mean that you have also given your consent for…special education”, and that you can revoke your consent. I encourage you to know your rights, which the Oregon Department of Education reviews in their Procedural Safeguards Notice. I also suggest you consider the value of a full evaluation that should help you make a more informed decision about your child’s education.

Your school…cannot conduct an initial evaluation…to determine eligibility…to receive special education…without first…obtaining your consent….

Your school district must make reasonable efforts to obtain your informed consent for an initial evaluation….

Your consent for initial evaluation does not mean that you have also given your consent for…special education….

If…you have refused consent…for an initial evaluation, your school…may, but is not required to, seek to conduct an initial evaluation of your child by using…mediation or due process complaint, resolution meeting, and impartial due process hearing procedures.…

Your school…must get your informed consent before providing special education…for the first time.…

If you do not respond to a request to provide your consent for…special education…for the first time, or if you refuse…consent or later revoke (cancel) your consent in writing, your school…may not use the procedural safeguards (i.e., mediation, due process complaint, resolution meeting, or an impartial due process hearing)…to obtain…a ruling that the special education…may be provided…without your consent.…

If you revoke (cancel) your consent in writing at any point after your child is first provided special education…, then the school…may not continue to provide such services….