Or. Admin. R. 581-015-2095 - Exceptions to Consent
(1) Written
parent or adult student consent is not required before:
(a) Reviewing existing data as part of an
evaluation or a reevaluation;
(b)
Administering a test or other evaluation that is administered to all children
unless, before administration of that test or evaluation, consent is required
of parents of all children; or
(c)
Conducting evaluation tests, procedures or instruments that are identified on a
child's IEP as a measure for determining progress; or
(d) Conducting a screening of a student by a
teacher or specialist to determine appropriate instructional strategies for
curriculum implementation.
(2) Consent for initial evaluation for wards
of the state: If a child is a ward of the state and is not residing with the
child's parent, the public agency is not required to obtain informed written
consent from the parent for an initial evaluation to determine whether the
child is a child with a disability if:
(a)
Despite reasonable efforts to do so, the agency cannot discover the whereabouts
of the parent of the child;
(b)The
rights of the parents of the child have been terminated in accordance with
state law; or
(c) The rights of the
parent to make educational decisions have been subrogated by a judge in
accordance with state law and consent for an initial evaluation has been given
by an individual appointed by the judge to represent the child.
(3) If, after reasonable efforts
to obtain parent consent, the parent does not respond, the school district may
conduct a reevaluation without consent, unless the reevaluation is an
individual intelligence test or test of personality. "Reasonable efforts" means
that the school district has used procedures consistent with OAR
581-015-2195(3).
(4) Written
consent is not required if an administrative law judge determines under OAR
581-015-2375 that the evaluation or reevaluation is necessary to ensure that
the child is provided with a free appropriate public education.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.