Evaluation Request Denied


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."


The sd 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.


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 SD is responsible for Child Find and evaluation. I think it is the SD 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.