Parent says district denied services, alleges policy requiring consent of both parents contradicts federal guidance

During public comment at the Mesa Public Schools board meeting, Marco Paz Galucha Luna said three of his children were denied special-education services the family believes they are legally entitled to. He told the board that district staff told the family both parents must consent before services can be provided and said his review of federal guidance suggests a single parent’s consent should be sufficient.

"One parent's consent is sufficient. A district cannot require both parents to agree," Marco Paz Galucha Luna told the board, citing a 2009 Office of Exceptional Parent (OEP) letter to a district he referenced as precedent. He said the district’s attorney could not produce any written policy to support the practice staff enforced and asked the board to direct staff to meet with him and show the policy in writing.

Mr. Paz Galucha Luna said he raised the issue with district staff, requested the policy in writing and was given a copy of the district policy manual, which he said did not contain the policy staff had enforced. He asked the board to direct staff to meet with him and clarify the district’s practices regarding parental consent for special-education services.

Board members did not immediately resolve the claim during public comment; Mr. Paz Galucha Luna asked for a staff meeting and documentation to be provided on the record.

What’s next: The speaker requested a staff meeting and written policy; the board was asked to direct staff to meet with the family and produce the cited policy in writing.