Permission to Evaluate
- Parental consent must be obtained for initial evaluations (PDE, 2005).
- Not the same as consent for special education services (PDE, 2005)
- After receiving the permission to evaluate, the school district has 60 school days to complete the initial evaluation, and a charter school has 60 calendar days to complete this evaluation (PDE, 2005).
Parental consent must be obtained before a child is initially evaluated for special education eligibility (PDE, 2005). This consent is not the same as parental consent for the child to receive special education services (PDE, 2005). It is important to note that parents have the right to disagree with the referral, and they also have the right to request a meeting with school personnel to further discuss this referral (PDE, 2005). Additionally, parents have the right to view any of their child's screening records (PDE, 2005).
If parental consent is not obtained or if the parent does not respond, the LEA can go to a hearing through due process procedures to obtain permission to evaluate (PDE, 2005). In the case of a child being a ward of the state, the LEA will make reasonable efforts to obtain consent from the parent or whoever is responsible for the child's educational right (PDE, 2005). Parental consent is not required for a ward of the state if the child's parents cannot be located or if the child's parent's rights have been terminated by state law or by a judge (PDE, 2005).
Once the permission to evaluate has been received by the LEA, the school district has 60 school days to complete the initial evaluation (PDE, 2005). A charter school has 60 calendar days to complete the initial evaluation (PDE, 2005). The evaluation report must then be given to the parents within 60 days of the permission to evaluate being received (PDE, 2005). There are a few exceptions to this timeline such as if a child moves to a new school district after the evaluation has begun or if the parent repeatedly does not produce the child for evaluation (PDE, 2005).