The following actions do not constitute evaluation:

• Screening to determine strategies for curriculum implementation;

• Conducting a REVIEW OF EXISTING EVALUATION DATA as a 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 REEVALUATION

The "informed consent" that the LEA must obtain to conduct a reevaluation means:

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

• The consent describes the reevaluation;

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

• The parent understands and agrees in writing for the LEA to conduct the reevaluation;

• 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retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

• 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.

The LEA must make reasonable efforts to obtain informed consent for a reevaluation.

Parental consent for a reevaluation need not be obtained if the LEA can demonstrate:

• The LEA has taken reasonable measures to obtain such consent; and

• The parent failed to respond.

WHEN DESPITE REASONABLE EFFORTS, CONSENT IS NOT OBTAINED FOR THE REEVALUATION OF A CHILD WHO IS HOME SCHOOLED OR PRIVATE SCHOOLED

The LEA must make reasonable efforts to obtain informed consent for a reevaluation.

• May not pursue the reevaluation 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.

The LEA must make reasonable efforts to obtain informed consent for a reevaluation.

• The LEA may, but is not required to, pursue the reevaluation by using the procedural safeguards (including the mediation or 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 reevaluation.