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(2.8) Can a school district conduct an assessment without my written approval?

(2.8) Can a school district conduct an assessment without my written approval?

No. An initial assessment may not be done without your written approval unless the district seeks and wins a due process hearing to compel assessment. However, if a parent fails to respond to a district’s request to reassess a student already in special education, the district can assess without parent consent. The district must demonstrate that it has reasonably sought consent from the parent and the parent has failed to respond. [34 C.F.R. Sec. 300.300(c)(2); Cal. Ed. Code Secs. 56321(c)(2), 56506(e).] The school district does not need parental consent in order to review existing records as part of a reassessment.

If you receive a written request for assessment from your school district, do not ignore this request. Be sure to respond back to your district even if it’s to tell them you are just considering their request.