Boston, MA asked in Education Law for Massachusetts

Q: Can a school place you in Special Education without parental consent?

I was placed in specialed without consent from my parents. I was never given iep or evaluated... Please help

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1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
Answered
  • Education Law Lawyer
  • Canton, OH

A: A school can place a child in special education, without parental consent. However, they need to give the parent prior written notice and if the parent does not consent they need to take the matter to an administrative procedure called Educational Due Process Hearing. There the school district must demonstrate to an Independent Hearing Officer that the child needs specially designed instruction.

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