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(2.36) Is parental consent needed for re-evaluation of a child?

(2.36) Is parental consent needed for re-evaluation of a child?

Yes. A re-evaluation may not be conducted without written parental consent unless a school district can show that it took reasonable steps to obtain consent and the parent/guardian/other education rights holder failed to respond.[1] Reasonable steps to obtain consent can be demonstrated if the district can show detailed records of telephone calls made or calls attempted to the parent/guardian/other education rights holder and the results, copies of correspondence sent to the parents/guardians/other education rights holders and any responses received, or detailed records of visits made to the parent’s/guardian’s/other education rights holder’s home or place of employment and the results.[2] Prior to obtaining consent, the district must fully inform the parent/guardian/other education rights holder of all information relevant to the proposed re-evaluation.[3]

  1. Cal. Ed. Code Secs. 56381(f) & 56506(e); 34 C.F.R. Sec. 300.300(c).[]
  2. 34 C.F.R. Secs. 300.300(c)(2) & 300.322(d)(5); Cal. Ed. Code Sec. 56381(f)(2).[]
  3. 34 C.F.R. Secs. 300.300(c)(1) & 300.9.[]