A recent dispatch from Maine DOE’s Office of Special Services on parental consent for evaluation informs school administrative units of the rules when a parent does not consent to an initial evaluation of a student. In these cases, the SAU may, but is not required to, request a due process hearing in an effort to obtain the authorization for the evaluation from a hearing officer, but otherwise may not proceed with the evaluation. (Note: an initial evaluation encompasses all types of evaluations that may be administered at the point where a student is being considered for eligibility).
The same rules also apply to the situation where a parent expressly refuses to consent to a reevaluation of a student. “Where, however, the parent simply fails to respond to a request to provide consent to a reevaluation despite the SAU’s having made reasonable efforts to obtain that consent, the SAU may (but is not required to) proceed to conduct the reevaluation (MUSER Section V.1.B(3)(b)).
Although the SAU generally is not required to proceed with the reevaluation under these circumstances, the reevaluation must be conducted when the SAU is considering whether to discharge a student from special education (MUSER V.3.F(1)).
For more information contact Federal Program Coordinator Roberta Lucas at roberta.lucas@maine.gov or call 624-6676) or Coordinator for State Agency Clients Jon Braff at jonathan.braff@maine.gov or call 624-6671.