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Phil:  If a parent refuses consent for reevaluation testing for a new area of consideration, does the school district have the right to proceed with a due process complaint?

  1. Phil –

    Once a student has been determined eligible for special education, OSEP considers any future evaluation to be a “reevaluation” under IDEA – even if it tests an area that has not previously been tested (see the commentary to the regs at §300.303).

    So, yes, under IDEA the school district may (but is not required to) request a due process hearing (or mediation), pursuant to §300.300.

    Some states provide additional protections for parents for parents regarding reevaluations. So it’s always wise to check if any exist where you are.

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