Evaluation Request Denied

Discussion in 'Special Ed 101' started by SRL, Mar 1, 2007.

  1. SRL

    SRL Active Member

  2. SRL

    SRL Active Member

    I just found this statement below. Is this a recent change--I thought the school district the student resided in was responsible for evaluating?

    "When either the student's parent or the private school requests an evaluation, the school district where the private school is located is responsible for conducting the evaluation (as discussed in Chapter 5) and for determining if the student is eligible for special education services (as discussed in Chapter 6). The school district where the private school is located is also responsible for conducting reevaluations of eligible students."
  3. Sheila

    Sheila Moderator

    The school district must give written notice to the parent regarding the reasons the evaluation request has been denied.


    Section 300.301(b) provides
    that a parent may initiate a request for
    an initial evaluation to determine if the
    child is a child with a disability. If the
    public agency agrees to conduct the
    evaluation, § 300.304(a) requires the
    public agency to provide notice to the
    parents, in accordance with § 300.503,
    that describes any evaluation
    procedures that the agency proposes to
    conduct. The public agency must obtain
    informed consent for the evaluation,
    consistent with §§ 300.9 and 300.300,
    prior to conducting the evaluation. The
    60-day timeframe begins when the
    public agency receives the consent for
    If, however, the public agency does
    not suspect that the child has a
    disability and denies the request for an
    initial evaluation, the public agency
    must provide written notice to the
    parents, consistent with § 300.503(b)
    and section 615(c)(1) of the Act, which
    explains, among other things, why the
    public agency refuses to conduct an
    initial evaluation and the information
    that was used as the basis to make that
    decision. The parent may challenge
    such a refusal by requesting a due
    process hearing, but the timeline for
    conducting the evaluation does not
    begin prior to parental consent for
    evaluation. A parent would not be able
    to give consent under this part without
    knowing what specific evaluation
    procedures the public agency is
    proposing to conduct.

    Section 300.131,
    consistent with section 612(a)(10)(A)(i)
    of the Act, requires that the LEA where
    private elementary schools and
    secondary schools in which the child is
    enrolled are located, not the LEA where
    the child resides, is responsible for
    conducting child find, including an
    individual evaluation for a child with a
    disability enrolled by the child’s parent
    in a private elementary school or
    secondary school located in the LEA.
    The Act specifies that the LEA where
    the private schools are located is
    responsible for conducting both the
    child find process and the initial
    evaluation. Therefore, the LEA where
    private schools are located may not seek
    reimbursement from the LEA of
    residence for the cost of conducting the
    evaluation or to request that the LEA of
    residence conduct the evaluation.
    However, the LEA where the private
    elementary school or secondary school
    is located has options as to how it meets
    its responsibilities. For example, the
    LEA may assume the responsibility
    itself, contract with another public
    agency (including the public agency of
    residence), or make other arrangements.
  4. Martie

    Martie Moderator

    For students in PRIVATE schools, all IDEA protections for Child Find remain in place. However, after the evaluation, there are very few rights under "proportional use of funding," and in fact, there are NO individual rights.

    A change in the 2004 law affects which school district is responsible for Child Find and evaluation. I think it is the school district in which the private school is located, but I am not 100% sure.

    However, I am 100% sure that the same Child Find rules are in place for all.