Sec. 14.30.191. Educational evaluation and placement.

398 words·~2 min read·/ak/title-14/chapter-30/14-30-191

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A school district shall obtain the written informed consent of the child's parent before an initial evaluation or placement of a child with a disability in a program of special education and related services.

(b)After initial placement in a program of special education and related services and not less than once every three years for as long as the child is assigned to the program, a child with a disability shall receive an educational evaluation.

(c)Before a school district initiates or refuses a change in the placement or educational program of a child with a disability, the district shall notify the child's parent.

(d)Upon completion of an evaluation or reevaluation under this section, the school district shall provide to the parent of each child evaluated under this section an opportunity to participate in the determination of the

(1)child's eligibility for special education and related services; and

(2)educational placement of the child if the child is determined to be eligible for special education and related services.

(e)A parent may obtain an independent educational evaluation by choosing a person from a list provided by the district or by choosing a person by agreement between the parent and the school district, at the expense of the school district, if the parent disagrees with an evaluation obtained by the school district. The school district may initiate a hearing to show that its evaluation is appropriate. If the hearing officer determines that the evaluation is appropriate, the school district may not be required to pay for the independent educational evaluation.

(f)If the parent obtains an independent educational evaluation at private expense, the results of the evaluation

(1)must be considered by the school district in a decision made with respect to the provision of an appropriate public education to the child;

(2)may be presented as evidence at a hearing regarding the child.

(g)If a hearing officer requests an independent educational evaluation as part of a hearing, the school district shall pay for the evaluation.

(h)A school district shall provide written notice of its decision under this section to the parent of the child. The notice must include a description of the procedural safeguards available to the parent and child under federal law.

(i)In this section, “hearing” means a due process hearing under AS 14.30.193 .