CONSENT FOR REEVALUATION

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CONSENT FOR REEVALUATION

Authorities:  34 CFR Part 300; Texas Education Code

 
 
 
  FEDERAL AND STATE REQUIREMENTS
Practice
The local educational agency (LEA) must comply with the PARENT and the ADULT STUDENT AND TRANSFER OF RIGHTS frameworks, as appropriate.
Practice
The LEA must comply with the PRIOR WRITTEN NOTICE framework.
Document
The LEA must obtain informed consent from the parent prior to conducting any reevaluation of the child with a disability. Citations:
300.300(c)(1)(i)
 
ACTIONS THAT DO NOT CONSTITUTE EVALUATION
Practice

The following actions do not constitute evaluation:

 Citations:
300.300(d)(1)
300.302
Practice
  • Screening to determine strategies for curriculum implementation;
 Citations:
300.302
Practice
Practice
  • Administering a test or other evaluation that is administered to all children.
 Citations:
300.300(d)(1)(ii)
 

ELEMENTS OF CONSENT FOR REEVALUATION
Practice

The informed consent that the LEA must obtain to conduct a reevaluation means:

 Citations:
300.9
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  • The parent has been fully informed of all information relevant to the reevaluation in the parent's native language or other mode of communication;
 Citations:
300.9(a)
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  • The consent describes the reevaluation;
 Citations:
300.9(b)
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  • The consent lists the records, if any, that will be released and to whom;
Citations:
300.9(b)
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  • The parent understands and agrees in writing for the LEA to conduct the reevaluation;
 Citations:
300.9(b)
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  • The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime; and
 Citations:
300.9(c)(1)
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  • If the parent revokes consent, that revocation is not retroactive; therefore, it does not negate an action that has occurred after the consent was given and before the consent was revoked.
 Citations:
300.9(c)(2)
 
INFORMATION AND CONSENT FOR CERTAIN PSYCHOLOGICAL EXAMINATIONS OR TESTS
Practice
On request of the child's parent, before obtaining the parent's consent for the administration of any psychological examination or test to the child that is included as part of the evaluation of the child's need for special education, the LEA must provide to the child's parent the name and type of the examination or test, and an explanation of how the examination or test will be used to develop an appropriate individualized education program for the child: Citations:
TEC 29.0041(a)
Practice
  • If the LEA determines that an additional examination or test is required for the evaluation of the child's need for special education after obtaining consent from the child's parent, the LEA must provide the required information to the child's parent regarding the additional examination or test and its use and must obtain additional consent for the examination or test:
 Citations:
TEC 29.0041(b)
Practice
    • If the parent does not give consent for the additional examination or test within 20 calendar days after the date the LEA provided to the parent the required information about the additional examination or test and its use, the parent's consent is considered denied.
 Citations:
TEC 29.0041(c)
 
WHEN DESPITE REASONABLE EFFORTS, THE PARENT FAILS TO RESPOND
Practice

The LEA must make reasonable efforts to obtain informed consent for a reevaluation.

 Citations:
300.300(c)(1)(i)
300.300(d)(5)
300.322(d)
Practice

Parental consent for a reevaluation need not be obtained if the LEA can demonstrate:

 Citations:
300.300(c)(2)
Document
  • The LEA has taken reasonable measures to obtain such consent; and
 Citations:
300.300(c)(2)(i)
300.300(d)(5)
300.322(d)
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  • The parent failed to respond.
 Citations:
300.300(c)(2)(ii)
 

WHEN DESPITE REASONABLE EFFORTS, CONSENT IS NOT OBTAINED FOR THE REEVALUATION OF THE CHILD WHO IS HOME SCHOOLED OR PRIVATE SCHOOLED
Practice

The LEA must make reasonable efforts to obtain informed consent for a reevaluation.

 Citations:
300.300(c)(1)(i)
300.300(d)(5)
300.322(d)
Practice
If the parent of the child who is home schooled or placed in a private school at parental expense does not provide consent for the reevaluation or fails to respond to the LEA's request for consent for reevaluation, the LEA: Citations:
300.300(d)(4)(i)
Practice
  • May not pursue the reevaluation of the child by utilizing the Notice of Procedural Safeguards, including the mediation or the due process procedures in order to obtain agreement or a ruling that the evaluation may be conducted; and
 Citations:
300.300(d)(4)(i)
Practice
Citations:
300.300(d)(4)(ii)
 
WHEN DESPITE REASONABLE EFFORTS, CONSENT IS NOT OBTAINED FOR THE REEVALUATION OF THE CHILD WHO IS NOT HOME SCHOOLED OR PRIVATE SCHOOLED
Practice

The LEA must make reasonable efforts to obtain informed consent for a reevaluation.

 Citations:
300.300(c)(1)(i)
300.300(d)(5)
300.322(d)
Practice
If the parent refuses to consent to the reevaluation: Citations:
300.300(c)(1)(ii)
300.300(c)(1)(iii)
Practice
  • The LEA may, but is not required to, pursue the reevaluation by using the Notice of Procedural Safeguards, including the mediation or due process procedures, in order to obtain agreement or a ruling that the evaluation may be conducted; and
 Citations:
300.300(c)(1)(ii)
Practice
Citations:
300.300(c)(1)(iii)
  Last Updated : Mon, Oct 16, 2023