Before conducting a reevaluation of an eligible child, parental consent is required, unless:

1. (1) The school district can demonstrate that it has taken reasonable measures to obtain consent, and the child's parent has failed to respond; and

2. (2) The school district documents its efforts to obtain consent by using the procedures consistent with § 24:05:25:17.

   If the parent refuses to consent to the reevaluation, the school district may, but is not required to, pursue the reevaluation by using the consent override procedures described in chapter 24:05:30 including mediation and due process hearing procedures.

Source: 26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.