Connecticut Education Law Blog : Connecticut Education Lawyer & Attorney : Berchem, Moses & Devlin Law Firm : CT Public Schools

Effective December 31, 2008, parents will be able to revoke consent for special education services and school districts will not be able to challenge the decision through mediation or due process.  In their comments to the new regulations, United States Department of Education officials explained that they believe that the right to revoke consent for special education is consistent with the other parental consent provisions of the IDEA regulations which require parents to give written consent for the initial provision of special education services and state that consent is voluntary and may be revoked at any time.  The concerns of school officials expressed during the regulatory comment period that eligibility for special education services should be made by a team of professionals and parents working together and that parents should not be able to veto the decision of the team were overruled in this process.

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The United States Department of Labor, the agency charged with the task of interpreting the Family Medical Leave Act (FMLA), issued final revised regulations to the Act on November 17, 2008. The regulations will take effect on January 16, 2009, just days before President-elect Barack Obama takes office. The regulations mark the first major regulatory update of the legislation in more than thirteen years, and many believe signals the beginning of some significant changes to the Act. Although the new regulations appear employer-friendly, the President-elect has proposed expanding coverage of the Act to smaller employers and allowing leave under a broader range of circumstances, including for elder care, domestic violence, and for children’s educational activities, thereby creating a more employee-friendly scheme. 

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