What is informed consent
Consent for the evaluation must be informed consent showing that the parent was involved in and understands the planning process. This must be documented by a signature and date or notification of opportunity to participate on the evaluation planning form. It is important every effort is made to involve the parent in the evaluation process and to gather any relevant information about the child. Many districts treat this information as optional, yet the Operating Standards are clear that this information is to be part of any initial evaluation or reevaluation unless the parent does not respond or refuses to participate in the process. If the parent refuses to participate, the district must document multiple attempts to engage the parent in the evaluation process. Attempts to engage the parent may include phone calls, emails, parent invitations sent home with the child, registered letters, meeting the parent in the hallway, parent/teacher conferences, home visits, etc. Reasonable attempts to conduct meetings on additional dates – not simply attempts to include the parent in one single meeting date – must be demonstrated by the district. This can be done on the OP-9 Attempts to Obtain Parent Participation form or a district-created form.
Parent consent must be obtained before an evaluation is conducted using the Consent for Evaluation, PR-05. Parent consent means informed consent, that the parent has been involved in the evaluation planning process, has had their rights explained to them, and understands what granting their permission to conduct an evaluation by the district means. At the end of the evaluation planning meeting, the district presents the parent with the Consent for Evaluation (PR-05).
This form documents informed, written consent given by the parent or guardian, allowing the district to proceed with the proposed evaluation, assessments and data collection. Remember informed, written consent cannot be obtained through a phone conference. The Consent for Evaluation PR-05 should be date stamped by the district to document the date the district received the signed parental consent.
The 60-calendar day timeline to complete an initial evaluation starts on the date the district receives parental consent. If the district does not date stamp the PR-05, the date the parent signed is the start date for the 60-day timeline.
Under 34 CFR §300.300(c)(2), the public agency does not need to obtain informed parental consent for the reevaluation if the public agency can demonstrate that it made reasonable efforts to obtain consent for the reevaluation, AND the child’s parent has failed to respond to the request for consent. This means that a public agency may conduct a reevaluation of a child with a disability without using the consent override procedures if the public agency can demonstrate that it made reasonable efforts to obtain parental consent for the reevaluation, and the child’s parent has failed to respond to the request for consent.
Section 300.300(d)(5) of the regulations provides that in order to meet the reasonable efforts requirement, the public agency must document its attempts to obtain parental consent using the procedures in 34 CFR §300.322(d). These procedures include detailed records of telephone calls made or attempted and the results of those calls, copies of correspondence sent to the parents and any responses received, and detailed records of visits made to the parent’s home or place of employment and the results of those visits and/or other means of attempts made.
