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(16.17) When does the school need parent’s consent under Section 504?

(16.17) When does the school need parent’s consent under Section 504?

The school must obtain parent’s consent prior to conducting the initial evaluation for eligibility and for the provision of services to the student under Section 504. The form of the consent is not specified by Section 504 and the school can follow the IDEA’s procedures. Written consent is appropriate and is required under the IDEA. If a parent does not provide consent, the school may use the due process to obtain an override of the parental refusal. However, OCR has reminded school districts that under the IDEA, school districts may not initiate due process to override parental refusal to consent to initial provision of services.[ See Protecting Students with Disabilities, FAQs, (OCR 2016).]