Written notice must be given to the parents of a child with a disability a reasonable time before the public agency proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPEto the child. The written notice must contain required elements 34 CFR 300.503(a)
The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under 34 CFR 300.8(a)(1)must, after providing notice consistent with 34 CFR 300.503(a) and 34 CFR 300.504, obtain informed consent, consistent with 34 CFR 300.9,from the parent of the child before conducting the evaluation 34 CFR 300.300(a)(1)(i)
What We Do
Provide prior written notice to the parent whenever the district proposes or refuses to initiate or change:
- The identification of a student
- The evaluation of a student
- The educational placement of a student
- The provision of a free and appropriate public education (FAPE) for a student
- An ARD/IEP committee meeting as part of the invitation to the admission, review and dismissal (ARD/IEP) meeting, and/or
- An individualized education program (IEP) with which the parent or adult student disagrees
- The parent or adult student provides a written revocation of special education services
Provide at least 5 school days prior written notice for the ARD/IEP meeting:
- In the native language of the parents, unless it clearly is not feasible to do so
- By an electronic mail (email) communication (if the parent elects this option), and
- Early enough to ensure that the parent will have an opportunity to attend in compliance with the parent participation framework
Prior Written Notice must include:
- A description of the action proposed or refused by the district
- An explanation of why the agency proposes or refuses to take action
- A description of other options considered by the ARD/IEP Committee and the reasons why those options were rejected
- A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action
- Sources for the parents to contact to obtain assistance in understanding the provisions of IDEA Part B
- How a copy of the procedural safeguards can be obtained if not in an initial referral for evaluation
- If proposing to conduct a full & individual evaluation, the prior written notice must also include a description of any evaluation procedures the district proposes to conduct.
- The activities under IDEA cannot take place unless the school obtains the parent’s consent (provided by campus assessment personnel)
- The school must fully inform a parent of all the information needed to be able to make a decision including a description of the proposed activity.
- The information must be in the parent’s native language or other mode of communication.
- If there are records to be released, the school must list the records and to whom they will be released to
- When a parent gives consent, it means that the parent understands and agrees in writing that the school will carry out the activity for which consent is sought. It is important that the parent understands that consent is voluntary and may be revoked at any time prior to the activity taking place. If a parent revokes consent for an activity, it is not retroactive. The school must obtain documentation of reasonable efforts to:
- Obtain parental consent for initial evaluations (including detailed telephone records, copies of correspondence, and detailed records of visits made to the student’s home)
- Provide special education and related services for the first time
- Complete a reevaluation
- Locate parents or wards of the state for initial evaluation.
Parent Consent is not required to:
- review existing data as part of a student’s evaluation or reevaluation
- give the student a test or other evaluation that is given to all students (unless parental consent is required for all students)
- obtain intrastate transfer student’s current or previous special education records from sending school.
- If the student had an IEP that was in effect, the ARD/IEP Committee must provide the student with a Free Appropriate Public Education (FAPE)
- This includes services comparable to those described in the previously held IEP in consultation with the parents until the appropriate personnel reviews the previous evaluation data and determines whether the student is a child with a disability in Sherman ISD.
- The campus registrar requests records through TREX and special education secretary follows up or transfers records from eSped if appropriate
- The evaluation specialist reviews the records to determination if further evaluation is needed
- Evaluation specialists (diagnosticians, Speech Language Pathologists, and Licensed Specialists in School Psychology) will either request additional evaluation to determine eligibility or integrate the new evaluation data and other records into a written report, conduct an ARD meeting and provide information to assist in the development of the IEPs for presentation at the 30 day ARD/IEP committee meeting.
- If there are special requirements for instruction or related services, the evaluation specialist will contact the special special education director immediately in order to determine the student’s least restrictive environment.
Consent for Initial Evaluation
- The school may not evaluate a child for special education services without the parent’s consent.
- Informed parental consent means that the parent understands and agrees in writing to allow the school to test his/her child.
- If the parent does not consent to the initial evaluation, the school district may, but is not required to, ask for mediation or request a due process hearing to evaluate the child.
- If the school district decides not to ask for mediation or to request a due process hearing to override a parent’s refusal to consent for evaluation of their child, the school district is not in violation of the Child Find requirements under IDEA.
Consent for the Initial Provision of Services
- Parental consent to initiate special education and related services must be separately obtained from the parent if it is determined that a child qualifies for special education services. This consent is requested at the conclusion of the initial ARD/IEP meeting.
- The school must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services.
- Special education and related services will not be provided if a parent refuses consent or until consent is provided in writing.
Consent for Reevaluation
- Once a student begins receiving special education and related services, reevaluations are required at a minimum of once every three years.
- Review of Existing Evaluation Data (REED) may be conducted in place of the formal evaluation if deemed appropriate by the ARD committee. Consent for reevaluation is not necessary if a REED is conducted.
- Formal evaluation may take place as deemed necessary by the ARD committee. Parental consent is required and the school must make reasonable efforts to obtain the parent’s consent for the reevaluation.
- If a parent fails to respond despite reasonable efforts, the school may conduct a reevaluation without the parent’s consent. Documentation must be kept of reasonable attempts.
- If a parent refuses consent to reevaluate his/her child, the school district may, but is not required to, ask for mediation or request a due process hearing to override the parent’s lack of consent for evaluation.
- The school district does not violate its Child Find obligation or its obligation to evaluate the child if the district does not ask for mediation or request a due process hearing.