The following actions do not constitute evaluation:

• Screening to determine strategies for curriculum implementation;

• Conducting a REVIEW OF EXISTING EVALUATION DATA as part of an initial evaluation or a reevaluation; and

• Administering a test or other evaluation that is administered to all children.

ELEMENTS OF CONSENT FOR AN INITIAL EVALUATION

The "informed consent" that the LEA must obtain to conduct an initial evaluation means:

• The parent has been fully informed of all information relevant to the initial evaluation in his or her native language or other mode of communication;

• The consent describes the initial evaluation;

• The consent lists the records (if any) that will be released and to whom;

• The parent understands and agrees in writing to the LEA carrying out the initial evaluation;

• The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime; and

• The parent understands that if the parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

Parental consent for initial evaluation does not constitute CONSENT FOR SERVICES.

• If the LEA determines that an additional examination or test is required for the evaluation of a child's need for special education after obtaining consent from the child's parent, the LEA must provide the required information to the child's parent regarding the additional examination or test  and its use, and must obtain additional consent for the examination or test:

• If a parent does not give consent for the additional examination or test within 20 calendar days after the date the LEA provided to the parent the required information about the additional examination or test and its use, the parent's consent is considered denied; or

• If the parent does give consent for the additional examination or test, the time required for the district to provide information and seek consent may not be counted toward the 60 calendar days for completion of an initial evaluation under the EVALUATION PROCEDURES framework.

• May not pursue the initial evaluation of the child by utilizing the procedural safeguards (including the mediation or the due process procedures) in order to obtain agreement or a ruling that the evaluation may be conducted; and

• Is not required to consider the child as eligible for services under the PROPORTIONATE SHARE FUNDING FOR PARENTALLY-PLACED PRIVATE SCHOOL CHILD and PRIVATE SCHOOLS frameworks.

If the child is a ward of the State and is not residing with child's PARENT, the LEA is not required to obtain informed consent from the parent if:

• Despite reasonable efforts to do so, the LEA cannot discover the whereabouts of the parent of the child;

• The rights of the parents of the child have been terminated in accordance with State law; or

• The rights of the parent to make educational decisions have been substituted 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 child.

If the parent fails to respond or refuses to consent to an initial evaluation:

• The LEA may, but it is not required to, pursue the initial evaluation of the child by using the procedural safeguards (including the mediation or the due process procedures) in order to obtain agreement or a ruling that the evaluation may be conducted; and

• The LEA does not violate its obligation under CHILD FIND and EVALUATION PROCEDURES if it declines to pursue the evaluation.