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Friday, March 26, 2010

Court orders evaluation and finds that parents did not waive right to IDEA services

found that the Parents withheld their consent to the reevaluation of their son and that this refusal absolved the District from any further responsibility to provide services to their son. The Parents had demanded a variety of conditions and restrictions on the evaluation, some of which were agreeable to the District and others which were not. The Court agreed with the ALJ that the attempt to impose conditions amounted to a refusal of consent to evaluate. The Court disagreed with the ALJ, however, that the refusal to consent relieved the District of its responsibility to provide services to the child. Rather, the Court ordered the Parents to consent to the evaluation with conditions as described in the Court order if they wanted their child to continue to receive services.