I2400.06e - Exceptions to Consent

Rule:

The district will not need written parent or adult student consent before:
1. Reviewing existing data as part of an evaluation or reevaluation;
2. Administering a test or other evaluation administered to all students without consent unless, before administration of that test or evaluation, consent is required of parents of all students;
3. Conducting evaluations, tests, procedures or instruments that are identified on the student’s individualized education program (IEP) as a measure for determining progress; or
4. Conducting a screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation.
The district will not need written parent consent to conduct an initial special education evaluation of a student who is a ward of the state and not living with the parent if:
1. Despite reasonable efforts to do so, the district has not been able to find the parent;
2. The parent’s rights have been terminated in accordance with state law; or
3. 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 child.
The district will not need written parental consent if an administrative law judge (ALJ) determines that the evaluation or reevaluation is necessary to ensure that the student is provided with a free appropriate public education.

Policy Category:

I Instruction

Position Responsible:

Deputy Superintendent

This Revision Edited by:

K.C. Clark

Department:

Instruction 790-7550

Administrative Rules