511 IAC 7-40-4 - Initial educational evaluation; public agency written notice and parental consent

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 4.

(a) Either a parent of a student or a public agency may initiate a request for an educational evaluation to determine if a student is eligible for special education and related services under this article. If a parent makes a request for an evaluation after revoking consent for special education and related services in accordance with 511 IAC 7-42-15, the public agency must treat the parent's request for evaluation as a request for an initial evaluation, and the evaluation must be conducted in accordance with this section.

(b) If a student is suspected of having a specific learning disability because the student has not made adequate progress after an appropriate period of time when provided with appropriate instruction described in 511 IAC 7-41-12(a)(3)(G), the public agency must initiate a request for an educational evaluation.

(c) If a request is made to conduct an educational evaluation, the public agency must, before conducting the evaluation, do the following:

(1) Provide the parent of the student with written notice as specified in subsection (e).

(2) Obtain parental consent as defined in 511 IAC 7-32-17.

(d) A parent's request for an evaluation must be made to licensed personnel, which is defined in 511 IAC 7-32-58 to mean persons employed by the public agency who are:

(1) teachers;

(2) school counselors;

(3) school psychologists;

(4) school social workers;

(5) building principals; and

(6) other administrators.

A parent's request for an evaluation may be made verbally or in writing. After a parent makes a request, the public agency has ten (10) instructional days to provide the parent with written notice as specified in subsection (e).

(e) Written notice provided to the parent regarding an educational evaluation must include the following:

(1) A statement that the public agency is proposing or refusing to conduct the educational evaluation that includes a description of each:

(A) evaluation procedure;

(B) assessment;

(C) record; or

(D) report;

the public agency used as a basis for proposing or refusing to conduct the educational evaluation.

(2) A description of other factors relevant to the public agency's proposal or refusal to conduct the educational evaluation.

(3) If the public agency:

(A) is proposing to conduct the educational evaluation, a description of any evaluation procedures the agency proposes to conduct; or

(B) refuses to conduct the educational evaluation, an explanation of the parent's right to contest the agency's decision by requesting:

(i) mediation in 511 IAC 7-45-2; or

(ii) a due process hearing in 511 IAC 7-45-3.

(4) If a public agency is proposing to conduct an educational evaluation, the following:

(A) The timeline for conducting the educational evaluation and convening the CCC meeting.

(B) An explanation of how to request one (1) or both of the following:

(i) A copy of the educational evaluation report, at no cost to the parent, prior to the CCC meeting.

(ii) A meeting with an individual who can explain the results of the educational evaluation prior to the CCC meeting.

(5) A statement that a parent of a student with a disability has protection under the procedural safeguards described in 511 IAC 7-37-1. A copy of the notice of procedural safeguards must be provided to the parent with the written notice described in this section.

(6) A list of sources for parents to contact to obtain assistance with understanding the provisions of this article.

(f) The written notice required under subsection (e) must be as follows:

(1) Written in language understandable to the general public.

(2) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure that:

(A) the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;

(B) the parent understands the content of the notice; and

(C) there is written evidence that the requirements in clauses (A) and (B) have been met.

(g) A parent may challenge the public agency's refusal to conduct an initial evaluation by requesting:

(1) mediation in 511 IAC 7-45-2; or

(2) a due process hearing in 511 IAC 7-45-3.

(h) After receiving the written notice described in subsections (e) and (f), the parent of the student must provide consent, as defined in 511 IAC 7-32-17, to licensed personnel before the public agency can conduct the initial educational evaluation. The parent may also, at the same time the parent provides consent for the educational evaluation, request one (1) or both of the following:

(1) A copy of the educational evaluation report, at no cost to the parent, prior to the CCC meeting.

(2) A meeting with an individual who can explain the results of the educational evaluation prior to the CCC meeting.

(i) Parental consent is not required for the following:

(1) To review existing data as part of an educational evaluation.

(2) To administer a test or other evaluation that is administered to all students unless, before administration of the test or evaluation, consent is required from parents of all students.

(3) To screen students if a teacher or a specialist is using the information to determine appropriate instructional strategies for curriculum implementation.

(4) To collect progress monitoring data when a student participates in a process that assesses the student's response to scientific, research based interventions as described in section 2 of this rule.

(j) The public agency must make reasonable efforts to obtain parental consent, as defined in 511 IAC 7-32-17, for the initial educational evaluation. To document reasonable efforts, the public agency must keep a record of its attempts to obtain parental consent, including the following:

(1) Detailed records of:

(A) telephone calls made or attempted; and

(B) the results of the calls.

(2) Copies of:

(A) correspondence sent to the parent; and

(B) any responses received.

(3) Detailed records of:

(A) visits made to the parent's home or place of employment; and

(B) the results of those visits.

(k) Parental consent for an initial educational evaluation must not be construed as consent for initial provision of special education and related services.

(l) For initial educational evaluations only, if the student is a ward of the state and is not residing with the student's parent, the public agency is not required to obtain consent as defined in 511 IAC 7-32-17, from the parent for an initial evaluation to determine whether the student is a student with a disability if:

(1) despite reasonable efforts to do so, the public agency cannot discover the whereabouts of the parent of the student;

(2) the rights of the parents of the student 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 student.

(m) If the parent of a student enrolled in public school or seeking to be enrolled in public school does not provide consent for an initial educational evaluation under subsection (i), or the parent fails to respond to a request to provide consent, the public agency may, but is not required to, pursue the initial educational evaluation of the student by:

(1) utilizing mediation in 511 IAC 7-45-2; or

(2) requesting a due process hearing in 511 IAC 7-45-3.

The public agency does not violate its obligations under this rule if it declines to pursue the educational evaluation.

(n) If a parent of a student who is parentally-placed in a nonpublic school, including a home school, does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a public agency's efforts to obtain consent, the public agency:

(1) may not pursue the initial educational evaluation of the student by:

(A) utilizing mediation in 511 IAC 7-45-2; or

(B) requesting a due process hearing in 511 IAC 7-45-3; and

(2) is not required to consider the student as eligible for special education and related services under 511 IAC 7-34.

Notes

511 IAC 7-40-4

Indiana State Board of Education; 511 IAC 7-40-4; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; filed Dec 3, 2009, 1:50 p.m.: 20091230-IR-511090057FRA Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA