Page:United States Statutes at Large Volume 118.djvu/2734

 118 STAT. 2704 PUBLIC LAW 108–446—DEC. 3, 2004 initial evaluation to determine whether the child is a child with a disability. ‘‘(II) EXCEPTION.—The agency shall not be required to obtain informed consent from the parent of a child for an initial evaluation to deter mine whether the child is a child with a disability if— ‘‘(aa) despite reasonable efforts to do so, the agency cannot discover the whereabouts of the parent of the child; ‘‘(bb) the rights of the parents of the child have been terminated in accordance with State law; or ‘‘(cc) the rights of the parent to make edu cational decisions have been subrogated by a judge in accordance with State law and con sent for an initial evaluation has been given by an individual appointed by the judge to represent the child. ‘‘(E) RULE OF CONSTRUCTION.—The screening of a stu dent 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. ‘‘(2) REEVALUATIONS.— ‘‘(A) IN GENERAL.—A local educational agency shall ensure that a reevaluation of each child with a disability is conducted in accordance with subsections (b) and (c)— ‘‘(i) if the local educational agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or ‘‘(ii) if the child’s parents or teacher requests a reevaluation. ‘‘(B) LIMITATION.—A reevaluation conducted under subparagraph (A) shall occur— ‘‘(i) not more frequently than once a year, unless the parent and the local educational agency agree otherwise; and ‘‘(ii) at least once every 3 years, unless the parent and the local educational agency agree that a reevalua tion is unnecessary. ‘‘(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 evalua tion, the local educational agency shall— ‘‘(A) use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent, that may assist in determining— ‘‘(i) whether the child is a child with a disability; and

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