§ 16-24-1.1. Parental consent required. [Effective July 1, 2026.]
(a) Unless expressly preempted by federal law, local education agencies ("LEAs�) shall
obtain written parental consent before conducting an initial evaluation or making
an initial placement of a student in a special education program of services. Except
when the parent is unresponsive as described in the exception provided in this section,
written parental consent shall also be obtained before:
(1) Conducting a reevaluation; and/or
(2) Making any changes to an existing Individualized Education Program ("IEP�).
(b) A parent may revoke consent at any time for all special education and related services.
Except for initial evaluation and initial placement, consent may not be required as
a condition of any continuing benefit to the student of existing services while disagreements
about services are being resolved.
(c) In order that parental consent be properly informed, parents have the right, upon
request, to observe any placement proposed for their child if the child is identified
as eligible for special education services. An LEA may implement reasonable limitations
on the timing, duration, and frequency of observation visits, but may only prohibit
parents from visiting a placement with students present in limited circumstances when
such prohibition is necessary to protect:
(1) The safety of the children in the program during the observation;
(2) The integrity of the program during the observation; or
(3) The confidential, personally identifiable information of children in the program,
consistent with the provisions of the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), both as may be amended from time to time.
(d) When imposing any such prohibition, the LEA shall:
(1) Allow parents to visit the placement or setting without students present; and
(2) Issue a written notification to the parents explaining why it was necessary to prohibit
observation with students present.
(e) For forty-five-day (45) emergency placements in interim alternative educational settings
under 34 C.F.R. § 300.530(g), LEAs shall offer parents an opportunity to observe the placement within a reasonable
time following the placement, subject to the same reasonable limitations as described
for other observation visits in this section. In implementing regulations, the Rhode
Island department of elementary and secondary education (the "department�) may issue
standards or guidance further detailing reasonable limitations or restrictions allowable
hereunder.
(f) To further ensure informed parental participation, parents shall receive evaluation
reports and other relevant written materials that will be considered at an eligibility
or IEP meeting, including proposed goals and objectives for the IEP if they have been
drafted, at least three (3) calendar days prior to attending the meeting at which
those materials will be discussed. To address parental scheduling needs, parents can
agree to the sharing of this material less than three (3) calendar days ahead of the
meeting. All materials provided shall comply with legal requirements for language
accessibility.
(g) The LEA's timeframe for conducting initial evaluations and convening a meeting (as
described in 200-RICR-20-30-6.7.2(A)(1)(b)) and for conducting revaluations and convening a meeting (as described in 200-RICR-20-30-6.7.2(C)(1)(b)) shall be sixty-three (63) calendar days.
(h)(1) No later than ten (10) school days after receipt of any proposed IEP, the parents
shall accept or reject the IEP in writing.
(2) If the IEP is rejected, the parents may request a meeting to discuss the rejected
IEP. Until the LEA and parents have reached consensus on a new IEP or the disputed
issue(s) have been resolved via a facilitated IEP meeting, mediation, due process
decision, or some other appropriate means, the existing IEP will remain effective.
(3) If the IEP is accepted, the LEA shall implement the IEP on the date specified in the
proposed IEP.
(4) If the parents fail to respond within ten (10) school days after receipt of the proposed
IEP, the LEA shall implement the proposed IEP on the date specified in the IEP.
(i) An LEA shall not be considered to be in violation of the requirement to make free
and appropriate public education available to the child merely because the child does
not receive the special education and related services for which the parent refuses
to provide consent.
(j) If, subsequent to initial evaluation and initial IEP, the LEA is unable to obtain
parental consent to a reevaluation or to a proposed change to an existing IEP, the
LEA shall consider whether such action will result in the denial of a free, appropriate
public education to the student. If, after consideration, the LEA determines that
the parent's failure or refusal to consent will result in a denial of a free, appropriate
public education to the student, it may seek resolution of the dispute through mediation
and/or a due process hearing. This subsection shall not apply if the parent has revoked
consent to all special education and related services.
(k) When an LEA: (1) Proposes to initiate or change the identification, evaluation, or
educational placement of the child or the provision of a free and appropriate public
education to the child; or (2) Refuses to initiate or change the identification, evaluation,
or educational placement of the child or the provision of a free and appropriate public
education to the child, the LEA shall make and document at least three (3) efforts
to contact the parent, utilizing at least two (2) of the following means: written
notices sent by certified mail; electronic mail; telephone call; and home visits at
such time as the parent is likely to be home. All attempts to provide notice shall
comply with legal requirements for language and other accessibility. If the above
efforts are attempted and documented, and the district is unable to secure parental
response to a proposed reevaluation, placement subsequent to the initial placement
in a special education program, or change to an IEP, the LEA may move forward with
its proposed reevaluation, change in placement, and/or change to the existing IEP.
This provision to override the lack of parental response shall not apply if the parent
has revoked consent to all special education and related services.