Wednesday, July 05, 2006 No Parental Consent The Fifth Circuit held that a school district may compel a medical examination of a student, necessary for IDEA-mandated reevaluation purposes, even when the parent refuses to give consent. The decision in Shelby S v. Conroe Independent School District can be found here. http://fapepage.blogspot.com/2006/07/no-parental-consent.html Other interesting issues/topics involved such as "The Fifth Circuit reversed the district court, holding that there is no exception to the rule that a school district has a right to test a student itself in order to evaluate or reevaluate the students eligibility under the IDEA. Id. at 179 (emphasis added). The court explained:..." Parent withholding info in private evaluations from the school district, privacy rights, etc. "The purpose of the IDEA is to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living. 20 U.S.C. § 1400(d)(1)(A)...." "Plaintiffs claims under the Americans with Disabilities Act, the Rehabilitation Act, and the Texas Human Resources Code, as well as the counterpart claim for discrimination and retaliation under the IDEA, are DISMISSED without prejudice as unripe because Plaintiffs have not exhausted their administrative remedies on these issues;...." And much more.