28 Withdrawl from Special Education


Forms/Links

Chapter Revision date:

28.2  Parent Notification that Student Will be Placed in a Private School
28.3
  Parent Revocation of All Special Education Services

 

This chapter will address these types of student withdrawal from special education and/or related services:

  • Withdrawal from the school of attendance
  • Placement in a private school
  • Revocation of special education and/or related services

 28.1      Student Withdraws from School of Attendance

The district continues to be responsible to offer a FAPE as long as the parent(s) continues to reside within the boundaries of the district.  Regardless of where the student is attending school, the district must continue to offer a FAPE at least annually via an annual notification letter with the most recent IEP attached, or develop an annual IEP with current information.  Refer to chapter 13, Parentally Placed Private School Services for further information.

The district continues to be responsible to offer to conduct the triennial reassessment at least every three years via a notification letter and an assessment plan sent to the parent.  Refer to chapter 13, Parentally Placed Private School Services for further information.

28.1.1    Parent Disagreement with the IEP

If the student’s withdrawal is related to a disagreement with the student’s special education program, the school should immediately set up an IEP meeting to discuss parent concerns.  If the parent is unwilling to attend an IEP meeting, and if the parent notifies the district/site that s/he will unilaterally place the child in a private or non-public school, a Unilateral Letter must be sent to the parent.  Refer to chapter 13, Parentally Placed Private School Services, section 13.2 for more information.

 28.1.2     Non-Attendance

If the student is not attending school and the reason for non-attendance is unknown, the case manager should make contact with the family to determine the reason for non-attendance.  Convene an IEP team meeting to discuss student’s needs.  If nonattendance is related to the disability, the IEP may need to include those issues or needs.

Case Manager

Action

 

When convening an IEP meeting document student’s attendance in the IEP (consider known factors contributing to absences and include appropriate participants i.e. school nurse, counselor, school psychologist, outside agencies)

 

IEP Team discusses reasons for non-attendance and how attendance is impacting the student’s ability to make educational progress. If there is data that indicates the non-attendance is related to the disability, the IEP team should determine the best course of action to support the student (assessment/re-assessment, IEP goals [addressing the need resulting from the handicapping condition that is causing attendance issues], behavioral interventions, accommodations etc.). 

 

 28.2         Parent Notification that Student Will be Placed in a Private School

Upon parent notification that the student will be removed from the district and enrolled in a private school, refer to chapter 13, Parentally Placed Private School Services, Section 13.2 for further information.

 28.3          Parent Revocation of All Special Education Services

Parents have the right to revoke all special education services.  Revocation of special education services means the parent does not want the student to have an IEP.

note Parent refusal of certain services while allowing other services to be implemented is not a revocation of special education services. 

  • If a parent refuses certain services but not others, convene an IEP meeting to discuss parent concerns and student needs.  An assessment may be needed to determine if the student no longer requires a certain special education service.  Example:  Parent no longer wants a related service such as mental health services, OT, APE or SLP.  District must conduct an assessment to determine if the student no longer requires that service. 

Parent must notify the district in writing that s/he wants to revoke all special education services, including related services.  The parent is not required to state why s/he is revoking services.

  • An IEP team meeting is not required to be convened, but may provide an opportunity to work with the parent to maintain services the student needs.

District is required to timely respond in writing in the form of a Prior Written Notice. 

  1. Contact your district level support person for the template PWN to use for revocation of special education services.  The PWN includes all legal points that must be covered in order to fully inform the parent of the district’s response. 
  2. Send the PWN within 1-2 weeks and cease special education services on the date specified in the PWN.
  3. Send Procedural Safeguards with the PWN.
  4. Complete and submit an Exit Form in the district’s electronic IEP system.  The last date of attendance in special education is the date indicated in the PWN. (Refer to Forms/Link)  

note While already stated in the PWN, it is important to directly inform the parent that the student will be considered in every aspect as a general education student, including in matters of school discipline.

 28.3.1      Parent Request to Reinstate Special Education Services

At any time in the future, the parent may request a special education assessment of the student to determine his/her eligibility for special education services.  The assessment will be considered an initial assessment, beginning with the Referral for Special Education.

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