<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 13A.05.01.13" title_num="13A" subtitle_num="05" chapter_num="01" heading="Procedural Safeguards — Consent.">
  <paragraph num="A.">
    <text>Consent for Assessment Procedures.</text>
    <paragraph num="(1)">
      <text>A public agency shall obtain written parental consent in accordance with 34 CFR §300.300 before conducting assessment procedures as described in Regulations .05B and .06D of this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a parent refuses consent for initial assessment procedures, or assessment procedures as part of a reevaluation, a public agency may pursue assessment through mediation or due process as described in 34 CFR §§300.506—300.518, and Regulation .15B and C of this chapter.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A public agency is not required to obtain parental consent:</text>
      <paragraph num="(a)">
        <text>Before reviewing existing data;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Before administering a test or other procedure that is administered to all students unless, before administration of that test or procedure, consent is required of the parents of all students; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>For assessment procedures as part of a reevaluation, if the public agency can demonstrate that reasonable measures have been taken to obtain consent, and the parent has failed to respond.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>To satisfy the requirement of §A(3) of this regulation, a public agency shall maintain a record of its attempts to obtain parental consent consistent with the procedures in Regulation .07C(7)(b) of this chapter.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If a student is a ward of the State, a public agency shall make reasonable efforts to obtain informed parental consent from the student's parent as defined in Regulation .03B(52) of this chapter for initial assessments in accordance with 34 CFR §300.300 and Education Article, §8-412, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Consent for Special Education Services.</text>
    <paragraph num="(1)">
      <text>A public agency shall obtain written parental consent before the initial provision of special education and related services to a student with a disability.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A public agency may not provide special education and related services consistent with 34 CFR §300.300 if a student's parent:</text>
      <paragraph num="(a)">
        <text>Refuses to provide the public agency consent for the initiation of special education and related services; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Fails to respond to a request by the public agency to provide consent for the initiation of special education and related services.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If a parent refuses to provide consent for the initiation of special education and related services, the public agency may not provide special education and related services to the student by using procedures described in Regulation .15B and C of this chapter and consistent with 34 CFR §300.300.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Consistent with 34 CFR §300.300, if a parent of a student with a disability refuses to provide the initial consent as described in §B(2) of this regulation, or revokes consent as described in §B(5) of this regulation, the public agency is not:</text>
      <paragraph num="(a)">
        <text>Considered to be in violation of the requirement to make FAPE available to the student for failing to provide the student with the special education and related services for which the public agency sought parental consent in accordance with §B(1) of this regulation or further special education and related services in accordance with §B(5) of this regulation and consistent with 34 CFR §300.300; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Required to convene an IEP team meeting or develop an IEP for the student for the special education and related services for which the public agency sought initial consent consistent with 34 CFR §300.300.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>If, at any time subsequent to the initial provision of special education and related services, the parent revokes consent in writing for the continued provision of special education and related services, the public agency:</text>
      <paragraph num="(a)">
        <text>Shall provide the parent prior written notice in accordance with 34 CFR §300.503 and Regulation .12 of this chapter before ceasing the provision of special education and related services;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>May not continue to provide special education and related services to the student;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>May not use the procedures described in Regulation .15B and C of this chapter to obtain agreement or a ruling that the services may be provided to the child; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is not required to amend the student's education records to remove any references to the student's receipt of special education and related services, in accordance with 34 CFR §300.9(c)(3).</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>After the initiation of special education and related services, parental consent is not required to implement the student's IEP.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Consent for initial evaluation may not be construed as consent for initial placement.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A public agency shall obtain parental consent or the consent of the student who has reached the age of majority in accordance with Education Article §8-412.1, Annotated Code of Maryland, before inviting a participating agency to attend a student's IEP team meeting to consider services described in Regulation .09A(3) of this chapter, consistent with 34 CFR §300.321(b)(3).</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A public agency shall annually obtain parental consent to access medical assistance for service coordination and health-related services, in accordance with 34 CFR §300.154(d)(2)(iv).</text>
    </paragraph>
    <paragraph num="(10)">
      <text>A public agency may not use a parent's refusal to consent to one service or activity to deny the parent or student any other service, benefit, or activity of the public agency, except as required by this chapter.</text>
    </paragraph>
  </paragraph>
</regulation>