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Special Ed 101
Evaluation Request Denied
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<blockquote data-quote="Sheila" data-source="post: 23141" data-attributes="member: 23"><p>The sd must give written notice to the parent regarding the reasons the evaluation request has been denied.</p><p></p><p><a href="https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf" target="_blank">https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf</a></p><p></p><p>Section 300.301(b) provides</p><p>that a parent may initiate a request for</p><p>an initial evaluation to determine if the</p><p>child is a child with a disability. If the</p><p>public agency agrees to conduct the</p><p>evaluation, § 300.304(a) requires the</p><p>public agency to provide notice to the</p><p>parents, in accordance with § 300.503,</p><p>that describes any evaluation</p><p>procedures that the agency proposes to</p><p>conduct. The public agency must obtain</p><p>informed consent for the evaluation,</p><p>consistent with §§ 300.9 and 300.300,</p><p>prior to conducting the evaluation. The</p><p>60-day timeframe begins when the</p><p>public agency receives the consent for</p><p>evaluation.</p><p>If, however, the public agency does</p><p>not suspect that the child has a</p><p>disability and denies the request for an</p><p>initial evaluation, the public agency</p><p>must provide written notice to the</p><p>parents, consistent with § 300.503(b)</p><p>and section 615(c)(1) of the Act, which</p><p>explains, among other things, why the</p><p>public agency refuses to conduct an</p><p>initial evaluation and the information</p><p>that was used as the basis to make that</p><p>decision. The parent may challenge</p><p>such a refusal by requesting a due</p><p>process hearing, but the timeline for</p><p>conducting the evaluation does not</p><p>begin prior to parental consent for</p><p>evaluation. A parent would not be able</p><p>to give consent under this part without</p><p>knowing what specific evaluation</p><p>procedures the public agency is</p><p>proposing to conduct.</p><p></p><p></p><p></p><p>Section 300.131,</p><p>consistent with section 612(a)(10)(A)(i)</p><p>of the Act, requires that the LEA where</p><p>private elementary schools and</p><p>secondary schools in which the child is</p><p>enrolled are located, not the LEA where</p><p>the child resides, is responsible for</p><p>conducting child find, including an</p><p>individual evaluation for a child with a</p><p>disability enrolled by the childs parent</p><p>in a private elementary school or</p><p>secondary school located in the LEA.</p><p>The Act specifies that the LEA where</p><p>the private schools are located is</p><p>responsible for conducting both the</p><p>child find process and the initial</p><p>evaluation. Therefore, the LEA where</p><p>private schools are located may not seek</p><p>reimbursement from the LEA of</p><p>residence for the cost of conducting the</p><p>evaluation or to request that the LEA of</p><p>residence conduct the evaluation.</p><p>However, the LEA where the private</p><p>elementary school or secondary school</p><p>is located has options as to how it meets</p><p>its responsibilities. For example, the</p><p>LEA may assume the responsibility</p><p>itself, contract with another public</p><p>agency (including the public agency of</p><p>residence), or make other arrangements.</p></blockquote><p></p>
[QUOTE="Sheila, post: 23141, member: 23"] The sd must give written notice to the parent regarding the reasons the evaluation request has been denied. [url]https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf[/url] 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 evaluation. 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 childs 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. [/QUOTE]
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