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HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2057 (October 2008).

Chapter 3.Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

Subchapter A.Parental Consent

§301.Parental Consent

A.Parental Consent for Initial Evaluation

1.a.The public agency proposing to conduct an initial evaluation to determine if a student qualifies as a student with a disability as defined in §905 shall, after providing notice consistent with §§503 and 504, obtain informed consent consistent with the definition of consent in §905, from the parent of the student before conducting the evaluation.
b.Parental consent for initial evaluation shall not be construed as consent for initial provision of special education and related services.
c.The public agency shall make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the student is a student with a disability.
2.For initial evaluations only, if the student is a ward of the state and is not residing with the student's parent, the public agency is not required to obtain informed consent from the parent for an initial evaluation to determine whether the student is a student with a disability if:
a.despite reasonable efforts to do so, the public agency cannot discover the whereabouts of the parent of the student;
b.the rights of the parents of the student have been terminated in accordance with state law; or
c.the rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the student.
3.a.If the parent of a student enrolled in a public school or seeking to be enrolled in a public school does not provide consent for initial evaluation under Paragraph A of this Section, or the parent fails to respond to a request to provide consent, the public agency may, but is not required to, pursue the initial evaluation of the student by utilizing the procedural safeguards in Chapter 5 of these regulations (including the mediation procedures under §506 or the due process procedures under §§507 through 516), if appropriate.
b.The public agency does not violate its obligation under §111 and §§302 through 308 if it declines to pursue the evaluation.

B.Parental Consent for Services

1.A public agency that is responsible for making FAPE available to a student with a disability shall obtain informed consent from the parent of the student before the initial provision of special education and related services to the student.
2.The public agency shall make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the student.
3.If the parent of a student fails to respond or refuses to consent to services under Subsection B of this Section, the public agency may not use the procedures in Chapter 5
of these regulations (including the mediation procedures under §506 or the due process procedures under §§507 through 516) in order to obtain agreement or a ruling that the services may be provided to the student.
4.If the parent of the student refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the public agency:
a.will not be considered to be in violation of the requirement to make FAPE available to the student for the failure to provide the student with the special education and related services for which the public agency requests consent; and
b.is not required to convene an IEP Team meeting or develop an IEP under §§320 and 324 for the student for the special education and related services for which the public agency requests such consent.

C.Parental Consent for Reevaluations

1.Subject to Paragraph C.2 of this Section, each public agency:
a.shall obtain informed parental consent, in accordance with §301.A, prior to conducting any reevaluation of a student with a disability;
b.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.4 of this Section;
c.the public agency does not violate its obligation under §111 and §§302 through 308 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:
a.it made reasonable efforts to obtain such consent; and
b.the student's parent has failed to respond.

D.Other Consent Requirements

1.Parental consent is not required before:
a.reviewing existing data as part of an evaluation or a reevaluation; or
b.administering a test or other evaluation that is administered to all students unless, before administration of that test or evaluation, consent is required of parents of all students.
2.A public agency may not use a parent's refusal to consent to one service or activity under Paragraph A of this Section to deny the parent or student any other service, benefit, or activity of the public agency, except as required by these regulations.
3.a.If a parent of a student who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the public agency may not use the consent override procedures (described in Paragraphs A.3 and C.1 of this Section); and
b.the public agency is not required to consider the student as eligible for services under §§132 through 144.
4.To meet the reasonable efforts requirement in Paragraphs A.1.c, A.2.a, B.2, and C.2.a of this Section, the public agency shall document its attempts to obtain parental

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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