07/02/2014
Fully Informed Consent (by Steven R. Isham)
Premise:
Parents of school aged children in many schools around the U.S. are not receiving ‘Fully Informed Consent’ as described in:
• The Individuals with Disability Education Improvement Act 2004,
• As defined in the Federal Register dated August 14, 2006, or
• The Intergovernmental Agreement pursuant to Arizona Revised Statutes (A.R.S).§11-952 et seq. between the Arizona Department of Education (ADE), a State Agency of the State of Arizona, and the Arizona Department of Economic Security (DES), a State Agency of the State of Arizona. C.F.R. §300.30 and A.R.S. §15-761(22).4.22 Parental Consent is informed consent provided by a parent as defined in Section 4.21 and as appropriate under law.
The Fully Informed Consent standard is consistent in all areas of human endeavor across the United States of America. Medicine, Law, Education, Special Education, Mental Health, and Organ Donation to name a few; consistently require people to be fully informed before action is to be taken.
The Nuremberg Code
The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision. This latter element requires that before the acceptance of an affirmative decision by the experimental subject there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonable to be expected; and the effects upon his health or person which may possibly come from his participation in the experiment.
Handing a Parent their Parental Rights and Procedural Safeguards in written form in English or in Spanish certainly does not meet the criteria for Fully Informed Consent. Arizona does not meet the standard of Fully Informed Consent.
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