Evaluations: EVALUATION REQUIRED PRIOR TO TRIENNIAL REVIEW?

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Beverley:  8th grader will go to high school next Sept. Her triennial review is due now. The Multidisciplinary team isn’t asking for a new evaluation. They believe the current evaluation data and school data is sufficient to continue special education services. Since she is going into high school are we obligated to do a reevaluation even though the team doesn’t deem it necessary?

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lele

I just had a reeval done and according to the information provided to the campus, the ARDC felt is was appropriate to not evaluate. No parental information was sought beforehand and the information presented 3 years is no longer applicable to the needs of my child. I was asked about things my child does at home and not the needs I am concerned about at school. None of the information makes any sense and I don’t know where to go from here. The SLP is the only one recommending an eval and I have refused due to her recommendations of observation and/or consultative services, not direct services to my child. The copy I received has several boxes unchecked and/or no discussion was had. The LSSP sent me a letter two days later with corrections that were found but am not allowed to change errors.

Chuck

Find our staff that works with your part of the state at: http://www.prntexas.org

This question is troubling.

Here is what the law says about reevaluations:

The school district shall ensure that a reevaluation of each child with a disability is conducted “at least once every 3 years, unless the parent and the local educational agency agree that a reevaluation is unnecessary.” 20 USC 1414(a)(2); page 95 in Wrightslaw: Special Education Law

You write “The Multidisciplinary team isn’t asking for a new evaluation because “they believe the current evaluation data and school data is sufficient.” What is your role? What does the parent think? Does the parent know that the law requires the school to re-evaluate “at least once every three years” unless both parent and school agree that it is unnecessary?

It’s hard to imagine how a three-year-old evaluation, completed when a child was in 5th grade, could provide accurate info about the child’s present levels of academic achievement and functional performance or the child’s current educational needs as she enters high school. How do you use three-year-old old data to develop an appropriate IEP?

Charles

Present levels can be determined with academic testing (Woodcock-Johnson, eg), along with parent and teacher interviews, record review, and observations. Can the triennial be conducted with just that data, or does the psych also have to conduct general ability and processing tests too? Our resource teacher is trying to test a 9-year old, diagnosed AUT long ago, and both student and teacher are finding it grueling. I’d hate to have to subject him to more tests than necessary; he is obviously still going to qualify under AUT. Thank you for your help, and for all the work Wrightslaw has done and continues to do for our kids, teachers, and us psychs too!

Chuck

IDEA 2004 introduced the concept of review of existing evaluation data (REED) (300.305) to deal with situations like this. The IEP team determines what additional evaluation data, if any is needed.

Kristine

I would like to have a deeper answer explaining the differences between REED and FIE than the vague ones found in IDEA and given to me by the diagnostician and the school District’s Board of Education. If my child’s last FIE was done when she was 3 yrs old (PPCD) and the IEP/ARD team decided to keep going with REED every three yrs. shouldn’t my daughter have an FIE done since she’s 15 yrs old now?

Also, I quoted Wrightslaw today about copyright’s being false however, the school wouldn’t budge from it, I even brought up the Freedom of Information Act and nothing. Long story short, ABAS has been updated & I’m wanting to compare it to the old version to see the changes that were made but the school won’t send a copy home before I decide to move forward on an FIE or REED.

Any help is great!

Chuck Noe

Kristine, the IDEA rules say that the school can decide that a REED is adequate, but the parent has the right to request an assessment. 300.305(d) You can make this request in writing to the special ed office. I work for the TX parent training and information center. You can find our staff person that works with your area at: http://www.prntexas.org