If the school agrees to conduct the evaluation, the parent(s) must provide written consent before the school may proceed. This consent is only for the school to conduct an initial educational evaluation; it is not consent for any special education services. There is no deadline by which the parent(s) must provide the school with written consent, but the sooner written consent is provided, the sooner the evaluation can be conducted.
Although parental consent is required for an initial educational evaluation, the school is not required to obtain parental consent to:
• Review existing data as part of an educational evaluation,
• Administer tests or other evaluations administered to all students unless parental consent is required for all students,
• Screen students if school personnel is using the information to determine appropriate instructional strategies, or
• Collect progress monitoring data as part of the RTI process.
If the parent(s) refuses to provide written consent for an educational evaluation or fails to respond to the school’s request for consent, but the school believes that a student needs special education and related services, the school may, but is not required to, ask the parent(s) to participate in mediation or request a due process hearing. It is up to the school to decide if it will take either of these actions. If the parent(s) does not provide written consent and the school does not pursue mediation or a due process hearing, the school is not required to conduct the educational evaluation. (For more information on mediation and due process, see the section on Complaints, Mediation, and Due Process).
At the time the parent(s) provides consent for an educational evaluation, the parent(s) may also request a copy of the evaluation report and/or a meeting with someone who can explain the evaluation results prior to the CCC meeting. If the parent(s) make such request, the school must provide the evaluation report and/or meet with the parent(s) at least five (5) school days prior to the CCC meeting. If the parent(s) does not request a copy of the educational evaluation report before the CCC meeting, then the evaluation report will be provided to them at the scheduled CCC meeting.