Section 281.41.9. Consent.

       41.9(1) Obtaining consent. “Consent” is obtained when all of the following conditions are satisfied:

        a.           The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or through another mode of communication;

        b.           The parent understands and agrees in writing to the carrying out of the activity for which parental consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and

        c.           The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

       41.9(2) When revocation of consent is effective. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that occurred after the consent was given and before the consent was revoked).

       41.9(3) Special rule. If a parent of a child revokes consent, in writing, for the child’s receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.

[ARC 8387B, IAB 12/16/09, effective 1/20/10]