If the parent of a student refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide such consent:
- (1) The school district is not considered to be in violation of the requirement to make available free appropriate public education to the student for the failure to provide the student with the special education and related services for which the school district requests such consent; and
- (2) The school district is not required to convene an IEP meeting or develop an IEP under this chapter for the student for the special education and related services for which the school district requests such consent.
Source: 32 SDR 41, effective September 11, 2005; 33 SDR 236, effective July 5, 2007.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-37-1.1.