OAR 581-015-2095: Exceptions to Consent

(1) Written parent or adult student consent is not required before: (a) Reviewing existing data as part of an evaluation or a reevaluation; (b) Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children; or (c) Conducting evaluation tests, procedures or instruments that are identified on a child's IEP as a measure for determining progress; or (d) Conducting a screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation. (2) Consent for initial evaluation for wards of the state: If a child is a ward of the state and is not residing with the child’s parent, the public agency is not required to obtain informed written consent from the parent for an initial evaluation to determine whether the child is a child with a disability if: (a) Despite reasonable efforts to do so, the agency cannot discover the whereabouts of the parent of the child; (b)The rights of the parents of the child have been terminated in accordance with state law; or (c) 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. (3) If, after reasonable efforts to obtain parent consent, the parent does not respond, the school district may conduct a reevaluation without consent, unless the reevaluation is an individual intelligence test or test of personality. "Reasonable efforts" means that the school district has used procedures consistent with OAR 581-015-2195(3). (4) Written consent is not required if an administrative law judge determines under OAR 581-015-2375 that the evaluation or reevaluation is necessary to ensure that the child is provided with a free appropriate public education.