Re-Evaluations: NON COMPLIANCE, 3 YR REVIEW EVALUATION NEVER DONE

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Carli:  My son’s school notified me that a 3 year review was mandated and I signed consent for testing. I went to the meeting only to learn no tests were done. I brought a private evaluation to the meeting and this was the only document at the ‘meeting’. What are the ramifications for the school’s breach of the law? After the meeting I asked them to pay for my evaluator’s report and they said no because I didn’t ask for an outside evaluation. It was not my intention to have them pay – I wanted the report to supplement their testing but they didn’t have anything. Do I have any legal claim here?

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3 Comments on "Re-Evaluations: NON COMPLIANCE, 3 YR REVIEW EVALUATION NEVER DONE"

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Carli –

You may have a case for non-compliance. You may consider filing an IDEA state complaint. A logical outcome of the complaint is that the school would be obliged to complete their evaluation.

You may also consider requesting a due process hearing, if you do want to push for reimbursement. Hearings are a bit tougher, as you have to prove the noncompliance as well as prove that it impacted your child’s ability to receive FAPE. A hearing officer may order the school to reimburse you, or they just as likely may order the school to complete their own evaluation.

The law is very clear in that they have 60 days to perform the evaluations. If they go beyond that, they are not in compliance. As for ramifications, I don’t know if there are any.

The 60 day window is not absolute for initial evaluations. In IDEA 2004 and fed regs, there is no re-eval timeline window.

The 60 day initial eval window only applies to a state if that state does not already have a timeline window in their state regs. If they do, it may exceed 60 calendar days. See page 93 in our lawbook and look at 20 USC 1414(a)(1)(C)(i)(I). To find your state regs, google – yourstatename special education laws rules regulations and 95% of the time it will take you to the regs or a link to the regs. For some states where I have done recent Wrightslaw conferences, on our Yellow Pages for Kids website, at the top of a state’s YP page, I have put the link to the state regs.

Ramifications? See page 115 in law book. Child must have deprivation of educational benefit.

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