As you probably know, before the sd can stop the services a re-evaluation is needed.
What do you mean by school percentages??
The following is from the Feds:
(4) Section 300.300(c)(1), regarding
parental consent for reevaluations, has
been modified to clarify that if a parent
refuses to consent to a reevaluation, the
public agency may, but is not required
to, pursue the reevaluation by using the
consent override procedures in
§ 300.300(a)(3), and the public agency
does not violate its obligation under
§ 300.111 and §§ 300.301 through
300.311 if it declines to pursue the
evaluation or reevaluation.
Comment: Several commenters
recommended allowing public agencies
to use the due process procedures to
override a parent's refusal to consent to
a reevaluation.
Discussion: Override of parental
refusal to consent to a reevaluation is
already addressed in the regulations.
Section 300.300(c) states that each
public agency must obtain informed
parental consent in accordance with
§ 300.300(a)(1) prior to conducting any
reevaluation of a child with a disability.
Section 300.300(a)(3) allows a public
agency to override parental refusal to
consent to an initial evaluation by
utilizing the mediation procedures
under § 300.506 or the due process
procedures under §§ 300.507 through
300.516. The cross-reference in
§ 300.300(c)(1)(i) to the provision in
§ 300.300(a)(1) provides the basis for
allowing a public agency to override the
parent's refusal of consent to a
reevaluation. However, we believe it is
important to state this more directly and
will, therefore, add language to
§ 300.300(c)(1) to clarify that if a parent
refuses to consent to a reevaluation, the
public agency may, but is not required
to, pursue the reevaluation by using the
procedural safeguards in subpart E of
this part.
Changes: We have restructured
§ 300.300(c)(1) and added a new
§ 300.300(c)(1)(ii) to clarify that a public
agency may, but is not required to,
pursue a reevaluation using the
procedural safeguards.
