Be Fully Informed: Know Your Rights
EXECUTIVE SUMMARY
Special Education Evaluation
Informed Consent Legislation
In the 2005 Florida legislative session, HB 209, “An act relating to administration of medication to public school students,” which would have required informed consent for parents whose children are referred for special education evaluation, was passed unanimously by both the Florida House and Senate.
On May 26, 2005 Governor Bush vetoed the bill, stating that the “Florida Department of Education administrative rules already require notification and consent of the parents prior to the evaluation of their children.”
Research was done to find out what Governor Bush meant when he said “notification and consent” already exists in our public school system. A public records request was made to all Florida district school superintendents asking for what “informed consent” information is given to parents prior to evaluation of their children. This disclosed that the only notification and information given to parents is regarding their right to refuse evaluation for their child, and of the legal procedure that school administrators can take to overcome the parents’ refusal. In other words, “notification” and “informed consent” has been reduced to informing parents of their legal due process rights while being informed of nothing concerning the substance of the evaluation and treatment process that the child is being subjected to.
The bill was modified for the 2006 Florida Legislative session and filed as HB 1213, which remained on the House floor at session end.
The Federal Individuals with Disabilities in Education Act (IDEA) of 2004 in unequivocal. This federal law, upon which the Florida special education program is based and which provides federal funds to Florida public schools to administer special education, directs that the State “shall obtain informed consent from the parent of such child before evaluation is conducted.” (20 U.S.C. § 1414 (a) (1) (C) (i).)
Black’s Law Dictionary defines “informed consent” as: “A person’s agreement to allow something to happen that is based on a full disclosure of facts needed to make the decision intelligently; i.e., knowledge of the risks involved, alternatives, etc. ...”
Federal Regulations written by the U.S. Department of Education state that under IDEA parents must provide “consent” for evaluation and states that consent means: “the parent has been fully informed of all information relevant to the activity for which consent is sought” and “consent describes that activity.” (Federal Register Vol 70 No. 118 § 300.9, June 21, 2005.)
State regulations written by the Florida Department of Education for the implementation of IDEA follow the Federal Regulations and also require, “informed parental consent,” as well as “provision of the procedural safeguards.” State regulations require that notification and information provided to parents includes, among other things, “a description of each evaluation procedure, test, record or report the district used as a basis for the proposed or refused action.” (Florida Administrative Code 6A-6.03311 September 20, 2004.)
The Federal Individuals with Disabilities in Education Act (IDEA) of 2004 is unequivocal. This federal law, upon which the Florida special education program is based and which provides federal funds to Florida public schools to administer special education, directs that the State “shall obtain informed consent from the parent of such child before evaluation is conducted.” (20 U.S.C. § 1414 (a) (1) (C) (i).)
The following changes to IDEA which went into effect this year relate to our proposed informed consent legislation:
Regarding an initial evaluation to determine if the child qualifies as a child with disability: The new regulation states that the "public agency" needs to make "reasonable" efforts to obtain the informed consent.
Also, that in order for a public agency "to meet the reasonable efforts requirement to obtain informed parental consent for an initial evaluation, initial services, or a reevaluation, a public agency must document its attempts to obtain parental consent..."
As can be seen, current practice by school administrators in Florida only provides notification to parents of “procedural safeguards,” and not “informed consent” which is required both under the spirit and letter of IDEA, as well as Federal and State regulations.
Thus, parents of children identified by school administrators for evaluation and placement in special education programs are told nothing about:
The methodology used for evaluation.
The potential consequences or outcome of evaluation including likely treatment modalities.
Alternatives to the evaluation methodology and treatment modality.
The risks of the evaluation and or treatment.
As a result, an acknowledged unscientific, subjective, evaluation procedure is used; and in 9 out of 10 cases children determined to be behaviorally or emotionally disabled are placed on unproven, dangerous, mind altering medications. This conclusion is not opinion but has been found to be true by many authorities including learned physicians, the U.S. Surgeon General, and the Food and Drug Administration.
Governor Bush was therefore misinformed and his veto was based on the false information that parents are properly notified as required under the law. The remedy is to legislate the exact informed consent requirements into the law. Considering the number of children put into the special education system who end up on drugs, the well recognized rampant over-drugging of children in America, the “epidemic” of ADHD and associated “diagnoses” as well as the associated massive increase in the prescription of Ritalin and other stimulants to children since 1991 when ADHD was first identified as a “disability” under IDEA, and considering the financial benefit to both schools and parents for children so “diagnosed” and “treated” through IDEA, and considering the number of children who die either through suicide or overdose with these drugs in their system or with a history of use of these drugs, this legislative remedy is warranted.
EXECUTIVE SUMMARY
Special Education Evaluation
Informed Consent Legislation
In the 2005 Florida legislative session, HB 209, “An act relating to administration of medication to public school students,” which would have required informed consent for parents whose children are referred for special education evaluation, was passed unanimously by both the Florida House and Senate.
On May 26, 2005 Governor Bush vetoed the bill, stating that the “Florida Department of Education administrative rules already require notification and consent of the parents prior to the evaluation of their children.”
Research was done to find out what Governor Bush meant when he said “notification and consent” already exists in our public school system. A public records request was made to all Florida district school superintendents asking for what “informed consent” information is given to parents prior to evaluation of their children. This disclosed that the only notification and information given to parents is regarding their right to refuse evaluation for their child, and of the legal procedure that school administrators can take to overcome the parents’ refusal. In other words, “notification” and “informed consent” has been reduced to informing parents of their legal due process rights while being informed of nothing concerning the substance of the evaluation and treatment process that the child is being subjected to.
The bill was modified for the 2006 Florida Legislative session and filed as HB 1213, which remained on the House floor at session end.
The Federal Individuals with Disabilities in Education Act (IDEA) of 2004 in unequivocal. This federal law, upon which the Florida special education program is based and which provides federal funds to Florida public schools to administer special education, directs that the State “shall obtain informed consent from the parent of such child before evaluation is conducted.” (20 U.S.C. § 1414 (a) (1) (C) (i).)
Black’s Law Dictionary defines “informed consent” as: “A person’s agreement to allow something to happen that is based on a full disclosure of facts needed to make the decision intelligently; i.e., knowledge of the risks involved, alternatives, etc. ...”
Federal Regulations written by the U.S. Department of Education state that under IDEA parents must provide “consent” for evaluation and states that consent means: “the parent has been fully informed of all information relevant to the activity for which consent is sought” and “consent describes that activity.” (Federal Register Vol 70 No. 118 § 300.9, June 21, 2005.)
State regulations written by the Florida Department of Education for the implementation of IDEA follow the Federal Regulations and also require, “informed parental consent,” as well as “provision of the procedural safeguards.” State regulations require that notification and information provided to parents includes, among other things, “a description of each evaluation procedure, test, record or report the district used as a basis for the proposed or refused action.” (Florida Administrative Code 6A-6.03311 September 20, 2004.)
The Federal Individuals with Disabilities in Education Act (IDEA) of 2004 is unequivocal. This federal law, upon which the Florida special education program is based and which provides federal funds to Florida public schools to administer special education, directs that the State “shall obtain informed consent from the parent of such child before evaluation is conducted.” (20 U.S.C. § 1414 (a) (1) (C) (i).)
The following changes to IDEA which went into effect this year relate to our proposed informed consent legislation:
Regarding an initial evaluation to determine if the child qualifies as a child with disability: The new regulation states that the "public agency" needs to make "reasonable" efforts to obtain the informed consent.
Also, that in order for a public agency "to meet the reasonable efforts requirement to obtain informed parental consent for an initial evaluation, initial services, or a reevaluation, a public agency must document its attempts to obtain parental consent..."
As can be seen, current practice by school administrators in Florida only provides notification to parents of “procedural safeguards,” and not “informed consent” which is required both under the spirit and letter of IDEA, as well as Federal and State regulations.
Thus, parents of children identified by school administrators for evaluation and placement in special education programs are told nothing about:
The methodology used for evaluation.
The potential consequences or outcome of evaluation including likely treatment modalities.
Alternatives to the evaluation methodology and treatment modality.
The risks of the evaluation and or treatment.
As a result, an acknowledged unscientific, subjective, evaluation procedure is used; and in 9 out of 10 cases children determined to be behaviorally or emotionally disabled are placed on unproven, dangerous, mind altering medications. This conclusion is not opinion but has been found to be true by many authorities including learned physicians, the U.S. Surgeon General, and the Food and Drug Administration.
Governor Bush was therefore misinformed and his veto was based on the false information that parents are properly notified as required under the law. The remedy is to legislate the exact informed consent requirements into the law. Considering the number of children put into the special education system who end up on drugs, the well recognized rampant over-drugging of children in America, the “epidemic” of ADHD and associated “diagnoses” as well as the associated massive increase in the prescription of Ritalin and other stimulants to children since 1991 when ADHD was first identified as a “disability” under IDEA, and considering the financial benefit to both schools and parents for children so “diagnosed” and “treated” through IDEA, and considering the number of children who die either through suicide or overdose with these drugs in their system or with a history of use of these drugs, this legislative remedy is warranted.
posted by Patricia Cano at 4:13 p. m.
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