Section Ed 1120.05 - Parental Refusal of Consent; Initiation of Due Process Hearing by LEA(a) A parent who refuses informed consent to all or part of any change proposed by the LEA shall indicate the refusal in writing within 14 days after the sending of written prior notice as provided in Ed 1120.03, or within the time frame allowed by a mutually agreed-upon extension as provided in Ed 1120.04(d).(b) Alternative dispute resolution as provided in Ed 1122 may be requested by either party at any time.(c) If a parent refuses consent to a proposal included in Ed 1120.04(a)(1) or (a) (6), the LEA shall have the authority to pursue the initial evaluation or re-evaluation by the initiation of a due process hearing under Ed 1123.(d) If a parent refuses consent or fails to respond for the initial provision of special education services, the LEA shall not pursue the initial provision of special education services by initiating a due process hearing under Ed 1123.(e) If at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, pursuant to 34 C.F.R § 300.300(b)(4) the LEA: (1) Shall not continue to provide special education and related services to the child;(2) Shall provide a prior written notice in accordance with 34 C.F.R § 300.503 before ceasing the provision of special education and related service;(3) Shall not use the mediation or due process procedures to obtain an agreement or ruling that the services may be provided to the child;(4) Shall not be considered in violation of the requirement to make FAPE available to the child; and(5) Shall not be required to convene the IEP Team meeting or develop an IEP for the child.(f) A public agency shall not use a parent's refusal to consent to one service or activity to deny the child services, benefits, or activities that the parent has agreed to.N.H. Admin. Code § Ed 1120.05
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #9482, eff 6-11-09; amd by #9812, eff 11-11-10
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.