Special Education in Plain Language

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Reevaluation

Consent for placement

What The Law Says

The local educational agency shall obtain informed consent from the child’s parent before reevaluating a child with a disability, except that such consent need not be obtained if the local educational agency has taken reasonable measures to obtain such consent and the child’s parents have failed to respond.  115.782(4)(b)


What The Law Means

The school must get the parent’s informed written consent before any new testing is done.  The school can go ahead with the testing if a parent does not respond to the request for consent.  The school must show that they tried to get the consent from any parent who doesn’t return the consent form.


What Needs To Be Done

The school must get written parent consent to do testing to determine if the child continues to be eligible for special education.  If the parents do not respond to the request for consent, the school may go ahead with the testing.


What Parents Need to Know or Do

The school must get the parents’ written consent before doing any new testing.  If parents agree to the testing, they should sign the consent.  If they have questions about it, they should ask the school.

If the parents say they do not want new testing, the school may ask for mediation or a due process hearing to allow the testing.