Section 5-E3026. PROCEDURAL SAFEGUARDS - CONSENT

 

3026.1The LEA shall obtain informed written parental consent before:

 

(a)Conducting an initial evaluation or reevaluation; and

 

(b)Initial provision of special education and related services to a child with a disability and any change in the child's placement.

 

3026.2If a parent refuses consent for initial evaluation or a reevaluation, the LEA may pursue those evaluations through mediation or due process consistent with this Chapter.

 

3026.3The LEA is not required to obtain parental consent for assessment procedures as part of a reevaluation, if the LEA can demonstrate that reasonable measures have been taken to obtain consent and the parent has failed to respond.

 

3026.4To demonstrate reasonable measures, the LEA shall maintain a record of its attempts to obtain informed parental consent, such as:

 

(a)Detailed records of telephone calls made or attempted and the results of those attempts;

 

(b)Copies of correspondence sent to the parent and any responses received; and

 

(c)Detailed records of visits made to the parent's home or place of employment and the results of those visits.

 

source

Final Rulemaking published at 30 DCR 2972 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003).