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Special Ed 101
School assessment question
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<blockquote data-quote="Sheila" data-source="post: 74461" data-attributes="member: 23"><p>Private or school district evaluation reports can recommend IEP eligibility and the IEP team can deny eligibility. Likewise, an evaluation can be written to say a student doesn't qualify for an IEP and the IEP team can deem the student eligible anyway if they feel s/he falls into one of the eligibility categories.</p><p></p><p>A school district can accept a private evaluation report in total, or they can request to perform their own. A private evaluation does have to be considered by the school district.</p><p></p><p>300.300 addresses Parental Consent</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CD%2C300%252E300%2C" target="_blank">http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CD%2C300%252E300%2C</a></p><p></p><p> (c) Parental consent for reevaluations.</p><p></p><p>(1) Subject to paragraph (c)(2) of this section, each public agency--</p><p></p><p>(i) Must obtain informed parental consent, in accordance with Sec. 300.300(a)(1), prior to conducting any reevaluation of a child with a disability.</p><p></p><p>(ii) If the parent refuses to consent to the reevaluation, the public agency may, but is not required to, pursue the reevaluation by using the consent override procedures described in paragraph (a)(3) of this section. </p><p></p><p>(iii) The public agency does not violate its obligation under Sec. 300.111 and Sec. Sec. 300.301 through 300.311 if it declines to pursue the evaluation or reevaluation.</p><p></p><p>(2) The informed parental consent described in paragraph (c)(1) of this section need not be obtained if the public agency can demonstrate that--</p><p></p><p>(i) It made reasonable efforts to obtain such consent; and</p><p></p><p>(ii) The child's parent has failed to respond.</p><p></p><p>(d) Other consent requirements.</p><p></p><p>(1) Parental consent is not required before--</p><p></p><p>(i) Reviewing existing data as part of an evaluation or a reevaluation; or</p><p></p><p>(ii) Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.</p><p></p><p>(2) In addition to the parental consent requirements described in paragraph (a) of this section, a State may require parental consent for other services and activities under this part if it ensures that each public agency in the State establishes and implements effective procedures to ensure that a parent's refusal to consent does not result in a failure to provide the child with FAPE.</p><p></p><p>(3) A public agency may not use a parent's refusal to consent to one service or activity under paragraphs (a) or (d)(2) of this section to deny the parent or child any other service, benefit, or activity of the public agency, except as required by this part....</p><p></p><p>(Authority: 20 U.S.C. 1414(a)(1)(D) and 1414(c)) </p><p></p><p></p><p>If you decide to consent to the reevaluation and do not agree with it, keep in mind that you can request an IEE.</p><p></p><p>Re your brother and custody issues, your child's records are confidential. The sd should not discuss anything with them or provide documents without your consent. His attorney would have to subpoena info from the school district.</p></blockquote><p></p>
[QUOTE="Sheila, post: 74461, member: 23"] Private or school district evaluation reports can recommend IEP eligibility and the IEP team can deny eligibility. Likewise, an evaluation can be written to say a student doesn't qualify for an IEP and the IEP team can deem the student eligible anyway if they feel s/he falls into one of the eligibility categories. A school district can accept a private evaluation report in total, or they can request to perform their own. A private evaluation does have to be considered by the school district. 300.300 addresses Parental Consent [url="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CD%2C300%252E300%2C"]http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CD%2C300%252E300%2C[/url] (c) Parental consent for reevaluations. (1) Subject to paragraph (c)(2) of this section, each public agency-- (i) Must obtain informed parental consent, in accordance with Sec. 300.300(a)(1), prior to conducting any reevaluation of a child with a disability. (ii) If the parent refuses to consent to the reevaluation, the public agency may, but is not required to, pursue the reevaluation by using the consent override procedures described in paragraph (a)(3) of this section. (iii) The public agency does not violate its obligation under Sec. 300.111 and Sec. Sec. 300.301 through 300.311 if it declines to pursue the evaluation or reevaluation. (2) The informed parental consent described in paragraph (c)(1) of this section need not be obtained if the public agency can demonstrate that-- (i) It made reasonable efforts to obtain such consent; and (ii) The child's parent has failed to respond. (d) Other consent requirements. (1) Parental consent is not required before-- (i) Reviewing existing data as part of an evaluation or a reevaluation; or (ii) Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children. (2) In addition to the parental consent requirements described in paragraph (a) of this section, a State may require parental consent for other services and activities under this part if it ensures that each public agency in the State establishes and implements effective procedures to ensure that a parent's refusal to consent does not result in a failure to provide the child with FAPE. (3) A public agency may not use a parent's refusal to consent to one service or activity under paragraphs (a) or (d)(2) of this section to deny the parent or child any other service, benefit, or activity of the public agency, except as required by this part.... (Authority: 20 U.S.C. 1414(a)(1)(D) and 1414(c)) If you decide to consent to the reevaluation and do not agree with it, keep in mind that you can request an IEE. Re your brother and custody issues, your child's records are confidential. The sd should not discuss anything with them or provide documents without your consent. His attorney would have to subpoena info from the school district. [/QUOTE]
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