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Washington › WAC 392-172A-03000

WAC 392-172A-03000

WAC 392-172A-03000 is cited in Washington's Notice of Special Education Procedural Safeguards for Students and Their Families (October 2023) under the heading "Parental Consent – Requirements". What follows is the notice's own text under that heading, quoted verbatim from the captured source (tools/packets/washington-packet.txt), including the PDF text layer's line-wrap artifacts, which are reproduced rather than corrected. The notice cites the section as printed below. The section's own text, as the Washington State Legislature publishes it in Chapter 392-172A WAC, is not captured here and is listed on the state page as capture pending. All dates on this page are quoted from the source, not a deadline calculation performed for you.

01As the notice states it

As the notice states it

Heading, as printed: "Parental Consent – Requirements"

Citation line, as printed: "34 CFR §300.300; WAC 392-172A-02000; WAC 392- 172A-03000"

Consent for Initial Evaluation

"Your district cannot conduct an initial evaluation of your child to determine eligibility for special education and related services until it provides you with prior written notice describing the proposed evaluation activities and obtains your written, informed consent. Your school district must make reasonable effort to obtain your informed consent for an initial evaluation to decide whether your child is eligible for special education. Your consent for an initial evaluation does not mean that you have given your consent for the district to start providing special education and related services to your child. The school district also has to obtain consent from you to provide your child with special education and related services for the first time. If your child is enrolled in public school or you are seeking to enroll your child in a public school and you have refused to provide consent, or you have failed to respond to a request to provide consent for an initial evaluation, although it is not required, your district may try to obtain your consent by using mediation or due process hearing procedures, as described later in this notice. Your district will not violate its obligations to locate, identify, and evaluate your child if it chooses not to pursue an evaluation of your child in this circumstance."

Special Rule for Initial Evaluation of Wards of the State

"If your child is a ward of the state and is not living with you, the school district does not need consent from you for an initial evaluation to determine whether your child is eligible for special education if:"

"1. Despite reasonable efforts to do so, the district cannot find you;"

"2. Your rights as a parent have been terminated in accordance with state law; or"

"3. A judge has assigned the right to make educational decisions to an individual other than you and that person has provided consent for an initial evaluation. A ward of the state, as used in IDEA, means a child who is:"

"1. A foster child who is not placed with a foster parent;"

"2. Considered a ward of the state under Washington state law; or"

"3. In the custody of the Department of Children, Youth, and Families or another state’s public child welfare agency. A ward of the state does not include a foster child who has a foster parent."

Parental Consent for Initial Services and Revocation of Consent for Continued Services

"Your school district must make reasonable efforts to obtain your informed written consent and must obtain your informed written consent before providing special education and related services to your child for the first time. If you do not respond to a request to provide your consent for your child to receive special education and related services for the first time, or if you refuse to give such consent, your district may not use mediation procedures in order to try to obtain your agreement or use due process hearing procedures in order to obtain a ruling from an administrative law judge to provide special education and related services to your child. If you refuse or do not respond to a request to give your consent for your child to receive special education and related services for the first time, the school district may not provide your child with the special education and related services. In this situation, your school district:"

"1. Is not in violation of the requirement to make a free appropriate public education (FAPE) available to your child because of the failure to provide those services to your child; and"

"2. Is not required to have an IEP meeting or develop an IEP for your child for the special education and related services for which your consent was requested. Once you provide written consent for your child to receive special education and related services and the district begins to provide special education services, your child will remain eligible to receive special education services until:"

"1. They are reevaluated and found to no longer qualify for special education services;"

"2. They graduate with a regular high school diploma;"

"3. They reach the age of 21 (or if your child turns 21 after August 31, they are eligible for services through the end of the school year.); or"

"4. You provide the district with a written revocation of your consent for the continued provision of special education services. If you revoke your consent in writing for continued provision of services after the district has initiated special education services, the district must give you prior written notice a reasonable time before it stops providing special education services to your child. The prior written notice will include the date that the district will stop providing services to your child and will inform you that the school district:"

"1. Is not in violation of the requirement to make a free appropriate public education (FAPE) available to your child because of the failure to provide those services to your child; and"

"2. Is not required to have an IEP meeting or develop an IEP for your child for further provision of special education services. A district may not use due process to override your written revocation or use mediation procedures to obtain your agreement to continue to provide special education services to your child. After the district stops providing special education services to your child, your child is no longer considered to be eligible for special education services and is subject to the same requirements that apply to all students. You or others who are familiar with your child, including the school district, may refer the child for an initial evaluation at any time after you revoke consent for your child to receive special education."

Parental Consent for Reevaluations

"If new testing is to be conducted as part of your child’s reevaluation, your district must obtain your informed consent before it reevaluates your child, unless your district can demonstrate that:"

"1. It took reasonable steps to obtain your consent for your child's reevaluation; and"

"2. You did not respond. If you refuse to consent to new testing as part of your child's reevaluation, the district may, but is not required to, pursue your child's reevaluation by using the mediation procedures to seek agreement from you or use the due process hearing procedures to override your refusal to consent to your child's reevaluation. As with initial evaluations, your district does not violate its obligations under Part B of IDEA if it declines to pursue the reevaluation using mediation or due process procedures."

Documentation of Reasonable Efforts to Obtain Parental Consent

"Your school must maintain documentation of reasonable efforts to obtain your consent for initial evaluations, to provide special education and related services for the first time, to conduct a reevaluation that involves new testing, and to locate parents of wards of the state for initial evaluations. The documentation must include a record of the district’s attempts in these areas, such as:"

"1. Detailed records of telephone calls made or attempted and the results of those calls;"

"2. Copies of correspondence sent to you and any responses received; and"

"3. Detailed records of visits made to your home or work and the results of those visits."

Other Consent Information

"Your consent is not required before your district may:"

"1. Review existing data as part of your child's evaluation or reevaluation; or"

"2. Give your child a test or other evaluation that is given to all students unless, before that test or evaluation is given, consent is required from the parents of all students. If you have enrolled your child in a private school at your own expense or if you are home schooling your child, and you do not provide your consent for your child's initial evaluation or reevaluation, or you fail to respond to a request to provide your consent, the district may not use mediation procedures to obtain your agreement or use due process hearing procedures to override your refusal. The district is also not required to consider your child as eligible to receive equitable private school services, which are services made available to some parentally-placed private school students eligible for special education."

02On this site

On this site

This record is one of 33 built from the sections Washington's notice cites by number. Washington's page assembles the routes, offices, parent centers, and stated timelines from the same notice, and lists every record under its source map.

Previous: WAC 392-172A-02000 · Next: WAC 392-172A-04115

03Source

Source

Notice of Special Education Procedural Safeguards for Students and Their Families (PDF), ospi.k12.wa.us; October 2023; retrieved Sep 13, 2026.

04Change log

Change log

Sep 29, 2026 · Record created. Built by tools/render-citations.py from tools/packets/washington-packet.txt (capture of Sep 13, 2026): one record per section number the notice prints in full as WAC 392-172A-nnnnn; a citation printed as a range makes one record keyed on its first number, titled with the range as printed; a section cited under two headings carries both. Text is quoted, not summarized. Reviewer: Carrie Schluter, reviewed 2026-09-29. Corrections on the record in this log: hello@fieldassembly.net.