Page:United States Statutes at Large Volume 111 Part 1.djvu/105

 PUBLIC LAW 105-17^JUNE 4, 1997 111 STAT. 81 -SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUAL- 20 USC 1414. IZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS. " (a) EVALUATIONS AND REEVALUATIONS.— " (1) INITIAL EVALUATIONS. — "(A) IN GENERAL.— ^A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evaluation, in accordance with this paragraph and subsection (b), before the initial provision of special education and related services to a child with a disability under this part. "(B) PROCEDURES. — Such initial evaluation shall consist of procedures— "(i) to determine whether a child is a child with a disability (as defined in section 602(3)); and "(ii) to determine the educational needs of such child. "(C) PARENTAL CONSENT.— "(i) IN GENERAL.— The agency proposing to conduct an initial evaluation to determine if the child qualifies as a child with a disability as defined in section 602(3)(A) or 602(3)(B) shall obtain an informed consent from the parent of such child before the evaluation is conducted. Parental consent for evaluation shall not be construed as consent for placement for receipt of special education and related services. "(ii) REFUSAL.— If the parents of such child refuse consent for the evaluation, the agency may continue to pursue an evaluation by utilizing the mediation and due process procedures under section 615, except to the extent inconsistent with State law relating to parental consent. "(2) REEVALUATIONS.— ^A local educational agency shall ensure that a reevaluation of each child with a disability is conducted— "(A) if conditions warrant a reevaluation or if the child's parent or teacher requests a reevaluation, but at least once every 3 years; and "(B) in accordance with subsections (b) and (c). "(b) EVALUATION PROCEDURES.— "(1) NOTICE.— The local educational agency shall provide notice to the parents of a child with a disability, in accordance with subsections (b)(3), (b)(4), and (c) of section 615, that describes any evaluation procedures such agency proposes to conduct. "(2) CONDUCT OF EVALUATION. —In conducting the evaluation, the local educational agency shall— "(A) use a variety of assessment tools and strategies to gather relevant functional and developmental information, including information provided by the parent, that may assist in determining whether the child is a child with a disability and the content of the child's individualized education program, including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities;

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