0520-01-09-.04
Consent
Cite as Tenn. Comp. R. & Regs. 0520-01-09-.04
(1)
Parental consent is required for the following:
(a)
Initial evaluations and reevaluations;
SPECIAL EDUCATION PROGRAMS AND SERVICES
CHAPTER 0520-01-09
(b)
Initial provision of special education and related services; and
(c)
Functional behavior assessments.
(2)
Consent means:
(a)
The Parent has been fully informed of all information relevant to the activity for which
consent is sought, in his or her native language, or through another mode of
communication;
(b)
The Parent understands and agrees in writing to the carrying out of the activity for
which his or her consent is sought, and the consent describes that activity and lists the
records (if any) that will be released and to whom; and
(c)
The Parent understands that the granting of consent is voluntary on the part of the
Parent and may be revoked at any time.
1.
If a Parent revokes consent, that revocation is not retroactive. Revocation of
consent shall be in writing and is not effective until received by the LEA to which
the consent was granted.
2.
If the Parent revokes consent in writing for their child’s receipt of special
education services after the child is initially provided special education and
related services, the LEA is not required to amend the child’s education records
to remove any references to the child’s receipt of special education and related
services because of the revocation of consent.