Consent forms are a critical part of the evaluation process. They define what will be evaluated and allow parents to make informed decisions.

This page focuses on issues with the consent form and approval process.

Recognizing problems with consent is essential to effective advocacy. When consent is delayed, unclear, or conditioned, it can limit a parent’s ability to make informed decisions and delay access to needed services.

Warning Signs May Include:

| Delays Before the Consent Form Is Provided:

• A consent form is not provided after a formal written request for an evaluation

• Parent attendance at a meeting is required before a consent form is provided

• Meetings are delayed, scheduled, and/or rescheduled over months despite parent availability

  • • Multiple meetings, including lengthy discussions. occur without discussing or providing a consent form

• The consent form is delayed without a clear explanation

| Delays After Consent:

• • • Delaying evaluations while internal processes or additional discussions are completed

    • Not starting the evaluation after consent, citing ongoing meetings or internal steps

    • Blaming delays on the parent when they are requesting clarification or information

| Unclear or Vague Consent Forms:

• Using vague or conditional language in consent (e.g., “may include,” “and/or”)

• Describing evaluations broadly without identifying specific types of tools, methods, or areas

• Requesting consent without clearly defining what will be evaluated

| Refusal or Delays in Addressing Parent Clarification:

• Refusing to act on signed consent because a parent added notes, clarifications, or timelines

• Stating that parents cannot write on the district’s form or rejecting consent because of parent-added comments

• Treating parent clarifications as invalid instead of addressing the substance of those concerns

• Ignoring or not responding to requests for clarification about the evaluation

• Treating requests for clarity as delays rather than part of informed consent

What Parents Should Know

• Parents have the right to understand what will be evaluated before consenting

• Asking questions or adding clarifications is part of informed consent—not a delay

• Delays, unclear consent, or conditions on consent can leave student needs unaddressed, delaying services, limiting progress, and restricting access to education.

Legal Principles

• Consent must be fully informed and cannot be conditioned on unnecessary prerequisites under the Individuals with Disabilities Education Act (34 C.F.R. §§ 300.9, 300.300).

• When a district proposes or refuses to act, it must provide Prior Written Notice explaining the action and the reasons for it (34 C.F.R. § 300.503).