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PROCEDURAL SAFEGUARDS NOTICE

5.

When is Consent Not Required Related to Evaluation?

Your consent is not required before your LEA may:

1.

Review existing data as part of your child’s evaluation or a reevaluation; or

2.

Give your child a test or other evaluation that is given to all children unless, before that test or evaluation, consent is required from all parents of all children.

6.

What If I Refuse to Consent to a Reevaluation?

If you refuse to consent to your child’s reevaluation, the LEA may, but is not required to, pursue your child’s reevaluation by using the mediation, due process complaint, resolution meeting, and impartial due process hearing procedures to seek to override your refusal to consent to your child’s reevaluation. As with initial evaluations, your LEA does not violate its obligations under Part B of the IDEA if it declines to pursue the reevaluation in this manner.

Your LEA may not use your refusal to consent to one service or activity to deny you or your child any other service, benefit, or activity.

If you have enrolled your child in a private school at your own expense or if you are home schooling your child, and you do not provide your consent for your child’s initial evaluation or your child’s reevaluation, or you fail to respond to a request to provide your consent, the LEA may not use its consent override procedures (i.e., mediation, due process complaint, resolution meeting, or an impartial due process hearing) and is not required to consider your child as eligible to receive equitable services (services made available to parentally-placed private school children with disabilities).

7.

What If I Disagree With An Evaluation?

a.

Independent Educational Evaluations (34 CFR §300.502)

1)

General

As described below, you have the right to obtain an independent educational evaluation (IEE) of your child if you disagree with the evaluation of your child that was obtained by your LEA. If you request an IEE, the LEA must provide you with information about where you may obtain an IEE and about the LEA’s criteria that apply to IEEs.

2)

Definitions

a)

Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the LEA responsible for the education of your child.

b)

Public expense means that the LEA either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you, consistent with the provisions of Part B of the IDEA, which allow each State to use whatever State, local, Federal and private sources of support are available in the State to meet the requirements of Part B of the Act.

3)

Parent right to evaluation at public expense

You have the right to an IEE of your child at public expense if you disagree with an evaluation of your child obtained by your LEA, subject to the following conditions:

a)

If you request an IEE of your child at public expense, your LEA must, without unnecessary delay, either:  (a) File a due process complaint to request a hearing to show that its evaluation of your child is appropriate; or (b) Provide an IEE at public expense, unless the LEA demonstrates in a hearing that the evaluation of your child that you obtained did not meet the LEA’s criteria.

b)

If your LEA requests a hearing and the final decision is that your LEA’s evaluation of your child is appropriate, you still have the right to an IEE, but not at public expense.

c)

If you request an IEE of your child, the LEA may ask why you object to the evaluation of your child obtained by your LEA. However, your LEA may not require an explanation and may not unreasonably delay either providing the IEE of your child at public expense or filing a due process complaint to

4July 2008 Revisions

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