Effective January 1, 2009, parents can revoke consent and unilaterally withdraw their child from special education at any time. Parents must put the request in writing and the district must provide written notice (NOREP) prior to discontinuing special education. The district will not be considered in violation of FAPE but should still offer a Section 504 meeting as an alternative. Parents can deny this Section 504 request as well in writing.
This regulation has not been modified under PA Chapter 14 regulations but all school districts must abide by this provision. Parent advocate groups strongly opposed this change in Washington with their reasoning being that "parents without special education training are not fully aware of the ramifications of withdrawing special education services." These arguments were considered but ultimately ruled against by lawmakers.
It will be interesting to watch this evolve both at the LEA level and the due process level.
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