Cases re Parental Consent San Jose Unified Sch. Dist. (OCR 2006) • School asked to eval student; parent refused • Student made sexually suggestive phone call to a male teacher • School proposed discipline • Parent filed OCR compliant • OCR district had no obligation to conduct manifestation determination
Eligibility Step by Step: 1. Referral for evaluation 2. Procedural Safeguards 3. Written parental consent 4. Evaluation 5. Conference 6. Determination
Evaluation No timeline • “within a reasonable period of time” Placement Team • membership not prescribed • Individuals who are knowledgeable about the student, the meaning of the evaluation data, and the placement options Requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35 http://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html#S35
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