A New Jersey Administrative Law Judge has ordered the parents of a Morris County student with disabilities to consent to evaluation. The case involves a 6th grader classified as “Other Health Impaired.” At the time of the child’s classification in the 3rd grade, the district completed a psychological, educational and special education evaluation. Three years later, the district provided written notice of triennial re-evaluation, but the parents declined to provide consent. Instead, they requested an independent evaluation at district expense.
State code requires that, within three years of classification, a multidisciplinary reevaluation be completed to determine whether the student continues to be eligible for special education. Such formal assessments require parental consent. The Judge ordered that the parents must provide consent and that the evaluation be completed within 60 days. OAL DKT. N. EDS 07068-15
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