Can parents deny special education for their child?

Question

A child has ADD. Teachers want to put the kid in special education classes, but the parents say no. The parents feel that the kid don't need special education and the kid is very smart but just needs extra time to learn schoolwork and things. The parents say they will never allow the teachers to put the child in special education. They believe that if their child goes to special education, the child will be a retarted person one day. Do parents have that right?

Answer 1

Parent's do have the right to deny special services. However, it does not sound like they want to deny special services, they are defending their childs right to least restrictive environment. They are denying placement.

Most children with ADD do not need full time sped classes, but rather benefit from being in regular ed classes a majority of the time, with either pull out for tutoring, or modified work amounts. He'll probably also need supports in the classroom to help with fidgiting and other manifestations of his disability.

In an IEP meeting, the parents are equal members of the team (under federal law) and therefore their concerns MUST BE CONSIDERED in the IEP, in writing. For every concern that the school dismisses, they legally must provide prior written notice, informing the parents as to why the school has decided this is not appropriate in terms of the child's education (NOT IN TERMS OF what the school usually does, or can afford, what have you)

Answer 2

Crybaby,

The parent can deny all they want, but they had better have some professional documentation to prove that their child doesn't need the service. It can't just be a knee jerk emotional response from the parent.

For the parent to state that they don't want special education services for their child because it will make the child  "retarded" is one of the most silly things I have ever heard. This opinion is not rooted in research based assessments or reports from experienced professionals (social worker, psychologists, pediatricians, teachers, principals, etc.)

Failure for this parent to consider the assessment results, which prompt the professionals to recommend the need for the special services for the child, may be considered a form of negligence and could potentially be reported to child protective services as such.

Answer 3

When the IDEA, the special education law that provides IEPs, was updated in 2004, the right for a school district to challenge a parent's right to deny services was changed. The district can no longer challenge this. It is 100% the choice of the parents.

The accommodations that this child needs seem to be those that can be made in a regular classroom. I would question this as being the LRE (Least Restrictive Environment), as well.

There are places that I have worked in where the district will call children's services if the parents deny the child an IEP. However, if these parents aren't denying that the child needs an IEP providing him extra time or lesser amounts of homework, classwork, and/or testing, they are not denying that the child needs an IEP. They are disagreeing with the IEP team on the LRE.

They should get the booklet that they were given during the process that tells them what their options are for due process.

Answer 4

Just because a child has ADD, does not automatically qualify them for special education.  There is a 3-prong test for eligibility into any special education program, in any state:

1.  They have to meet state disability critera.

2. The student's disability has to have an adverse affect on their educational and functional performance.

3. The student disability has to require specially designed instruction.

ADD meets some requirements into special ed, if there is an adverse effect on the student's classroom performance and if the student would benefit from specially designed instruction.  There are ADD and ADHD kids that do not require any special education in the form of an IEP or 504 plan.  While others benefit from one of those types of services.  

Even if a students qualifies for special services, the parents can deny services.  If the child goes to special education, it will not make them retarded someday.  The individual instruction is like private/group tutoring - if it is a pull out service, and if it is in an inclusive service, the child would receive services in his/her own classroom.  I think inclusive services would be a little harder for a child, especially as they got older, it would really label them, unless it was in a group setting.  I think it would be more beneficial for the child to go to a seperate class, to avoid the stigma of being labeled.  The IEP (Individual Education Program) team will decide together which is the LRE (least restrictive environment) for your child.  As a parent, you are an active participant of the IEP team.  You get to help with everything, every step of the way.  If someone suggests something that you don't agree with, you get the final say.  This is your child, also if you are ever unsatisfied with anything, even if your child is on an IEP, you can always change it, and the school will file an amendment to change whatever needs changed.  An IEP is not set in stone.  As soon as your child does not qualify for special services, they are exited from special education, and the special services stop.

Special education is not meant to label your child, it is meant to help them to succeed in the regular education classroom.

Instead of getting hung up on labels, and denying services, please re-consider, and decide what is best for your child.

Answer 5

Yes, parents do have this right.  Many schools are trying to work with a variety of students in their rooms through differentiated instruction.  This means your reaching the needs of all students in the room and keeping things moving right along.

Answer 6

Yes, the parents have the right to refuse special education services. There will be no founded CPS referral.

ADD, being a medical diagnosis, will likely qualify the student for a 504 plan.  A 504 plan can allow for such things as extra time.  However, these accommodations likely won't be allowed on state high-stakes tests.

Mental retardation is not contagious.  These parents should  further research special education before refusing the service because there may also be benefits of which they are unaware.

Answer 7

Yes the parents can deny special education. They are the legal guardians, of course.  If the school is denying your verbal request, they can't deny a written request to revoke all services.  They have 10 days to respond to you, so be patient.  If they don't then the child's rights are being violated. Schools are playing games, trying to get more funding money.  They get $500 for every kid they get on the December 1st list, even if it's proven later that the kid didn't need  it.

Thank Bush for the abuse of the "No child left behind act".  Its labelling kids that don't deserve it.

The parents of ADHD (with hyperactivity) kids love to be on the IEP list, because their kid is protected from being suspended if they bully someone.  But the child your talking about is very smart, so he/she might not even have add.  Could the child just be distracted by video games?  That's a common problem.

Answer 8

Yes they can deny their child that but then the school can also call child protective services also for neglect on the child also

Answer 9

Yes, but the district can appeal it to a Investigative Law Judge, and they will try the case.

The parents will not be reported to CPS; it is not Child Abuse, as parents have the right to determine their child's education, BTW.