Section 511IAC7-42-15. Revocation of consent for special education and related services

   (a) At any time after the parent gives consent for the initiation of special education and related services, the parent may revoke that consent by doing the following:

(1) Putting the revocation of consent in writing.

(2) Signing the revocation.

(3) Submitting the written revocation to licensed personnel.

  (b) Within ten (10) instructional days of the date licensed personnel receive the parent's written revocation, the public agency must provide the parent with a copy of the written notice described in section 7 of this rule.

  (c) The public agency is not required to convene a CCC or develop an IEP when the public agency receives the parent's written revocation.

  (d) The public agency may ask the parent why the parent is revoking consent, but the public agency may not require the parent to provide an explanation, either orally or in writing, as a condition of terminating the provision of special education and related services. The public agency may not use the inquiry to delay or deny the termination of special education and related services.

  (e) A parent's revocation of consent covers all instruction, services, and supports included in the student's IEP, including, but not limited to, the following:

(1) Specialized instruction.

(2) Related services.

(3) Accommodations.

(4) Adaptations.

(5) Modifications.

(6) Supports for the student or personnel on behalf of the student.

(7) Assistive technology devices and services.

(8) Placement outside of a general education classroom.

  (f) A parent may not revoke consent for fewer than all of the special education and related services included in the student's IEP.

  (g) The public agency may not terminate special education and related services until ten (10) instructional days after the parent receives the written notice described in subsection (b) unless the parent provides written consent for services to be terminated prior to the expiration of ten (10) instructional days after receipt of the written notice.

  (h) The public agency may not use mediation or a due process hearing to override the parent's revocation of consent for services.

  (i) Upon revocation of consent and termination of special education and related services, the student is no longer eligible as a student with a disability and is not entitled to the protections of this article, except as permitted in 511 IAC 7-44-9.

  (j) The public agency is not required to amend the student's educational records to remove any reference to the student's special education and related services when the parent revokes consent for services. This does not preclude a parent from requesting that the student's educational record be amended in accordance with the procedures contained in 511 IAC 7-38-2.

  (k) The public agency shall not be considered to be in violation of the requirement to make a free appropriate public education available to the student when the public agency terminates the special education and related services to the student subsequent to the parent's revocation of consent in accordance with this section.

  (l) If, after revoking consent, a parent wants the student to receive special education and related services, the parent must request an initial evaluation in accordance with 511 IAC 7-40-4 and the CCC must determine, in accordance with 511 IAC 7-40-6, if the student is eligible for special education and related services as a student with a disability as defined in 511 IAC 7-32-92. (Indiana State Board of Education; 511 IAC 7-42-15; filed Dec 3, 2009, 1:50 p.m.: 20091230-IR-511090057FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)