Can a parent refuse to consent to a re-evaluation when the SAU is considering dismissing the child from Special Education services? Can we dismiss if the parent refuses the re-evaluation?
The parent can refuse to give consent for the re-evaluation, and the SAU may either proceed to dismiss the child from special education in the area of the refused evaluation or pursue a Due Process override of the parent’s refusal to consent to an evaluation or reevaluation. Section V.I.B.(3)(a)(iii) in the MUSER indicates that the SAU “Does not violate its obligation under 34 CFR 300.111 and 300.301 through 311 if it declines to pursue the evaluation or re-evaluation.”
In regards to consent for a re-evaluation AFTER multiple attempts to contact parents to get permission--is that considered a refusal on the parent's part?
Please see MUSER Section V.I.B.(3) Parent Consent:
(3) Parent consent for reevaluation
(a) Subject to paragraph (3)(b) of this section, each SAU:
(i) Must obtain informed parental consent, in accordance with 34 CFR 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 SAU may, but is not required to, pursue the reevaluation by using the consent override procedures described in (1)(A)(4)(a).
(iii) Does not violate its obligation under 34 CFR 300.111 and 300.301 through 300.311 if it declines to pursue the evaluation or reevaluation.
(b) The informed parental consent described in paragraph (3)(a) of this section need not be obtained if the SAU can demonstrate that
(i) It made reasonable efforts to obtain such consent; and
(ii) The child’s parent has failed to respond. [34 CFR 300.300(c)]
Re-evaluation for a 12th grader - Is this required? Re-evaluation is typically done to determine eligibility and program planning….what obligation do schools have in "updating scores" for college purposes?
If the child is due for a re-evaluation to determine continued eligibility, follow the process in V.3.
Re-evaluation is not required to dismiss a child for graduation with a regular education diploma.
You do need to complete a summary of performance for the child Chapter 101 § V.3.F.(2)(a) and (b).
Summary of performance--For a child whose eligibility under this part terminates under circumstances described in clause, (a) a local educational agency shall provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.