?

No

The legal context

Under federal and Indiana law, if school staff suspects a student may have a learning disability because they’re not making adequate progress, the school is supposed to initiate a request for an evaluation and obtain parental consent.

Parents can also request an IEP evaluation. They must make it verbally or in writing to teachers, school counselors, school psychologists, school social workers, building principals and other school administrators. 

Once the parent makes their request, the school has 10 instructional days to provide the parent with written notice that says whether they will conduct the evaluation.

In its notice to parents, the school also must:

If the school agrees to conduct the evaluation, it must notify parents of:

If the school refuses to conduct the evaluation, it must notify parents of:

If a student is deemed eligible for an IEP, the case conference committee must meet at least once every year to discuss the child’s IEP. And the student’s case conference committee must reevaluate them for special education services at least once every three years — unless the parent and the school agree that reevaluation isn’t necessary. The school is supposed to notify parents of a reevaluation and obtain their consent. A parent can also request (verbally or in writing) that their child be reevaluated sooner.

Click on the below image to learn about a family's experience on this issue

 Brandi and Caiden 

 Gaelle and Kymbrie