Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 101 - MAINE UNIFIED SPECIAL EDUCATION REGULATION BIRTH TO AGE TWENTY-TWO › Section 071-101-V - EVALUATION AND REEVALUATIONS FOR CHILFREN 3 - 22

Current through 2024-29, July 17, 2024
1.
Evaluations, Parental Consent, and Reevaluations [20 USC
				1414(a-c) and
				34 CFR
				300.300- 306 ]
A. Initial evaluations
(1) In general.-
The
				Department
, other State agency, or SAU shall conduct a full and
				individual initial evaluation in accordance with this paragraph and
				34 CFR
				300.305
[Section V.3]
through 306
[Section VIII.2]
, before the initial provision of
				special education and related services to a child with a disability under this
				part.
(2) Request for initial
				evaluation
.--
Consistent with subparagraph (d), either a parent of
				a child, or
the Department
, other State agency, or SAU may
				initiate a request for an initial evaluation to determine if the child is a
				child with a disability.
(3)
				Procedures.
(a) In general.
(i) The initial evaluation must be conducted
within 60 calendar days of receiving parental consent for the
				evaluation for children in the Child Development Services System, or
within
45 school
days of receiving parental consent for the
				evaluation
for children 5-22 years of age under the responsibility of
				the public school system,
and must consist of procedures
to
determine if the child is a child with a disability and to
				determine the educational needs of the child; and
(ii)
Following the completion of the
				initial evaluation, and within the above timeframe, the agency or SAU shall
				proceed
to determine if the child is a child with a disability under
				34 CFR
				300.8
[Section
				VII]
.
(b) Exception.--The relevant timeframe in
				clause (a)(i) shall not apply to a SAU if:
(i)
				A child enrolls in a school served by the SAU after the relevant timeframe in
				clause (a)(i) has begun and prior to a determination by the child's previous
				SAU as to whether the child is a child with a disability (as defined in
				20 USC
				1402), but only if the subsequent SAU is
				making sufficient progress to ensure a prompt completion of the evaluation, and
				the parent and subsequent SAU agree to a specific time when the evaluation will
				be completed; or
(ii) The parent of
				a child repeatedly fails or refuses to produce the child for the
				evaluation.
(4) Parental consent
(a) In general
(i) Consent for initial evaluation.--The SAU
				proposing to conduct an initial evaluation to determine if the child qualifies
				as a child with a disability under
				34 CFR
				300.8
[Section
				VII]
after providing
				notice consistent with 34
				CFR 300.503 and 504
[
Section
XV]
,
				obtain informed consent consistent with
				34 CFR
				300.9
[Section II.6]
, from
				the parent of such child before conducting the evaluation. Parental consent for
				initial evaluation must not be construed as consent for placement for receipt
				of special education and related services. The SAU must make reasonable efforts
				to obtain the informed consent from the parent for an initial evaluation to
				determine whether the child is a child with a disability. [34 CFR
				300.300(a)]
(ii) Consent for services
.--
An
				SAU that is responsible for making a free appropriate public education
				available to a child with a disability under this part must obtain informed
				consent from the parent of such child before providing special education and
				related services to the child. The SAU must make reasonable efforts to obtain
				informed consent from the parent for the initial provision of special education
				and related services to the child. [34 CFR 300.300(b)
				(1,2)]
(b) Absence of
				consent
(i) For initial evaluation.--If the
				parent of a child, enrolled in public school or seeking to be enrolled in
				public school does not provide consent for an initial evaluation under clause
				(a)(i), or the parent fails to respond to a request to provide the consent, the
				SAU may, but is not required to pursue the initial evaluation of the child by
				utilizing the procedures described in
				20 USC
				1415, if appropriate, . The SAU does not
				violate its obligation under 300.111 and 300.301 through 300.311 if it declines
				to pursue the evaluation. [34 CFR
				300.300(a)(3) (i,
				iii)]
(ii) For services.--If the
				parent of such child fails to respond to a request for, or refuses to consent,
				to the initial provision of special education and related the SAU may not use
				the due process procedures in order to obtain agreement or a ruling that
				services may be provided to the child. The SAU will not be considered to be in
				violation of the requirement to make FAPE available to the child because of the
				failure to provide the child with the special education and related services
				for which the parent refuses to or fails to provide consent and is not required
				to convene and IEP Team meeting under §300.320 and 300.324 for the child.
				[34 CFR
				300.300(b)(3)]
(iii) If, at any time subsequent to the
				initial provision of special education and related services, the parent of a
				child revokes consent in writing for the continued provision of special
				education and related services, the SAU:
(I)
				May not continue to provide special education and related services to the
				child, but must provide prior written notice in accordance with §300.503
				before ceasing the provision of special education and related
				services;
(II) May not use the
				procedure in subpart E of IDEA (including the mediation procedures under
				§300.506 or the due process procedures under §§300.507 through
				300.516) in order to obtain agreement or a ruling that the services may be
				provided to the child:
(III) Will
				not be considered to be in violation of the requirement to make available a
				free appropriate public education available to the child because of the failure
				to provide child with further special education and related services;
				and
(IV) Is not required to convene
				an IEP meeting or develop an IEP §§300.320 and 300.324 for the child
				for further special education and related services. [34 CFR
				300.300(b)(4)]
(c) Consent
				for wards of the State
(i) In general.- If
				the child is a ward of the State and is not residing with the child's parents,
				the SAU shall make reasonable efforts to obtain the informed consent from the
				parent (as defined in 20 USC
				1402) of the child for an initial evaluation
				to determine whether the child is a child with a disability.
(ii) Exception.- For initial evaluations
				only, if the child is a ward of the State and is not residing with the child's
				parent, the SAU shall not be required to obtain informed consent from the
				parent of a child for an initial evaluation to determine whether the child is a
				child with a disability if:
(I) Despite
				reasonable efforts to do so, the agency cannot discover the whereabouts of the
				parent of the child;
(II) The
				rights of the parents of the child have been terminated in accordance with
				State law; or
(III) 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. [34 CFR
				300.300(a)(2)]
(5) Rule of
				construction.-- The screening of a student by a teacher or specialist to
				determine appropriate instructional strategies for curriculum implementation
				shall not be considered to be an evaluation for eligibility for special
				education and related services. [34 CFR 300.302]