No Consent for the 3-year Reevaluation

In Gwinnett County School District, 53 IDELR 341 (SEA GA 2010), a parent did not provide consent for the triennial revaluation of their child with a disability. The IEP team resorted to reviewing data with regard to progress toward IEP goals and objectives, anecdotal reports, and test results. Ultimately, the team determined there was enough documentation to make an elibility determination that the student continued to have a disability and needed special education services. An administrative law judge determined the placement was appropriate and that proposed goals were adequate. When parents choose not to sign consent for re-evaluation, IEP teams should examine existing data from the following sources: the student (ask what his/her strengths are), teachers, disciplinary reports, progress toward the current IEP, guidance counselors, behavior observations, assessment results, outside agencies (if you have a release for information), and parents.