OAR 581-015-2740: Exceptions to Parental Consent — EI/ECSE Program

(1) Parental 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 IFSP as a measure for determining progress; or (d) Conducting a screening of a child by an EI/ECSE specialist to determine appropriate instructional strategies for curriculum implementation. (2) Consent for initial evaluation for wards of the state (for children age three and above): 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) For children age three and above, if, after reasonable efforts to obtain parent consent, the parent does not respond, the contractor or subcontractor may conduct the reevaluation without consent, unless the reevaluation is an individual intelligence test or test of personality. (4) For the purposes of (3) of this rule, "reasonable efforts" means the contractor or subcontractor has used procedures consistent with OAR 581-015-2755(2)(b). (5) Parental 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 appropriate EI services, or for children in ECSE, a free appropriate public education.