(a) Informed parental consent need not be obtained for reevaluation if the public agency can demonstrate that:
- (1) It has made reasonable efforts to obtain that consent; and
- (2) The child’s parent has failed to respond.
- (b) To meet the reasonable efforts requirement in subsection (a) of this section, the public agency must use procedures consistent with those in 6 CAR § 130-806(d) and 34 C.F.R. § 300.322(a) and (c).