Letter to Sarzynski, 49 IDELR 228 (OSEP 2007).

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a letter written by the Office of Special Education Programs addressing parental consent. "As to whether evaluations of student progress are "evaluations" requiring consent, OSEP responds that evaluations of student progress occur as a regular part of instruction for all students in all schools. If such evaluations are designed to assess whether the child has mastered the information in, for example, chapter 10 of the scoial studies text, and are the same or similar to such evaluations for all children studying chapter 10, parental consent would not be required for such an evaluation. If, however, the evaluation specific to an individual child is "crucial to determining a child's continuing eligibility for services or changes in those services," such evaluations would require parental consent.