(c) Exception. A public agency would not be deemed to have knowledge under paragraph (b) of this section if--
(1) The parent of the child--
(i) Has not allowed an evaluation of the child pursuant to Sec. Sec. 300.300 through 300.311; or
(ii) Has refused services under this part; or
(2) The child has been evaluated in accordance with Sec. Sec. 300.300 through 300.311 and determined to not be a child with a disability under this part.
