Re-Evaluations Timeline: HOW LONG FOR REEVALUATION AFTER REQUEST?

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Ralph:  How long after you request a reevaluation must the school conduct the reevaluation? My son is in the CD (Communication Disorder) self contained class and also has other items on his IEP with possible LD. He is in third grade and we want to see what placement he would be for next year and if there is LD there, then get him in the program he needs to be in as well. He is due for a reevaluation next year, and at our IEP meeting and now officially with the school requested it. Both his Special Ed teach and Speech path agree that he should be tested why he is comfortable and not wait until next year to only move him again. the School Psychologist said, “…There are several students that are actually due this year that need to be completed. We are going as fast as we can but this is a very busy place.” What do I say to that? Thanks

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Pamela
12/19/2018 9:33 am

I have read the comments on that reevaluations do not a have a time frame. Could someone please discribe IDEA laws below?
§300.303 (a)
General. A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with §§300.304 through 300.311
§300.309 (c) – 309 – evals for LD – no intial mentiion
The public agency must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the timeframes described in §§300.301 and 300.303, unless extended by mutual written agreement of the child’s parents and a group of qualified professionals, as described in §300.306(a)(1)–
§ 300.301 (1)(i)
Must be conducted within 60 days of receiving parental consent for the evaluation;

Jenna
09/25/2018 10:34 pm

The 60-day timeline only applies to initial evaluations. Reevaluations are conducted for students currently identified as having a disability. However, if the type and intensity of the services provided to the disabled child is expected to change significantly upon reevaluation, then there must be no undue delay in completing the evaluation. During the reevaluation process, the IEP Team should reconvene, when needed, to discuss revisions to the IEP and/or the need for any additional services to the child. The current level of functioning and the needs of the child as impacted by his/her disability are the determinate factors for IEP Team decisions and not specific disability categories.

John
04/17/2018 7:36 pm

Curious question: If a child has an IEP for speech/language only, and the parent believes that there is something else going on, would this be considered a reeval or would it be considered an initial for additional exceptionality?

Marcus
04/18/2018 11:41 am
Reply to  John

John,

If the parent believes something else is going on with their child they must request for additional evaluations. It would be considered an initial evaluation as it is focusing on another area of need.

sally
04/19/2018 7:04 am
Reply to  John

It would be a re-evaluation as the child is already receiving special education services through speech.

Marcus
04/19/2018 2:28 pm
Reply to  sally

Sally,

Would if still be a re evaluation even if it was a different area of concern?

sally
04/20/2018 12:44 pm
Reply to  Marcus

Yes. You can only be found initially eligible for special education the first time. After that, any evaluations are re-evaluations. So even if it is another area (speech only child looking to add SLD or the reverse, SLD looking to add speech), it is a re-evaluation.

Lisa
04/05/2019 4:41 pm
Reply to  sally

So then, can we say that the school did not complete a FULL evaluation if a new area emerges? Also what about the “at LEAST every three years”. What’s the intent of IDEA in this area?

Peter
04/09/2019 9:36 am
Reply to  Lisa

I suppose if a new need emerges there could be a few reasons, and an incomplete FULL evaluation could be one. But some areas are really difficult to assess, especially with younger children and these only become apparent as a child matures. Also, testing some younger children requires the skill and patience that only a few gifted professionals possess hehe –

The intent of IDEA is to ensure that reevaluations are done every three years, or more often…just not longer than three years. In my opinion 3 years is too long for younger children anyway – an 8 year old is so different from what they were as a 5 year old.

Mary
03/03/2020 4:13 pm
Reply to  John

It would be a re-evaluation as the child is already receiving IEP services but suspecting a different area as the primary area of disability with speech being supplemental. If you move up the evaluation date then it would be considered an “expedited MFE” due.

Sharon L.
02/19/2018 3:21 pm

in our district we can request a re-evaluation once a year & do not have to wait for the 3 year evaluation. I believe this is legal everywhere. I send a letter requesting the eval & ask for a response within 5 business days. I send the letter certified mail to the principal and/or the spec director. Make sure you meet & sign the school’s eval request form. This is the paperwork that starts the clock to get the eval within 60 days. I have done this many times even had once a year for 3 years to check on progress. The school does not like it but they do need to comply.

Dawn
02/20/2018 5:52 pm
Reply to  Sharon L.

The 60 day timeline is only for initial evaluations. Testing for a Re-evaluation (if deemed necessary) needs only to be completed by the end of the 3 years. Plus, if you have your child tested as part of the re-determination (instead of just reviewing current data) you run the risk of having your child found ineligible.

Jenna
09/25/2018 10:30 pm
Reply to  Dawn

Good point dawn. There is also a question of how valid a measure can be when a student has practice effects every year. Unless the psych is only doing rating scales (adaptive behavior/socioemotional) I dont think the information gained from such a request would be valuable. Certainly, the school uses other progress monitoring measures, such as measures toward the IEP goals, other curriculum-based measures, classroom work samples and of course teacher feedback after working with the student. That would speak to what a students day to day experience is far more than a test score.

Chuck
03/08/2016 2:17 pm

Federal rules only required a re-evaluation every 3 years. There is no federal rule on how long they have to do a re-eval after it is request. Your state might have a rule on this. You could request a independent educational evaluation paid for by the district. Your state parent training & information project can assist you. http://www.parentcenterhub.org/find-your-center/

Lisa
04/05/2019 4:43 pm
Reply to  Chuck

I have an IEE that I paid for. And they have a copy. I can request another IEE. Whats the timeline for an IEE? Do they have to consider it even if not 3 years?

Chuck
04/08/2019 2:07 pm
Reply to  Lisa

Typically it is one IEE (paid for by the school) after the school does an evaluation.

Mary
03/03/2020 4:19 pm
Reply to  Chuck

The IEE can be requested at district cost if the parent disagrees with the findings of the district, not just because. The district and the parent have to agree on the IEE evaluator/agency and the district usually provides a list of those they are willing to have. The district needs a copy of the IEE to review but they still do not have to accept the findings and recommendations of the IEE.

Susan
03/10/2020 8:27 pm
Reply to  Mary

The regulations also require that on request for an IEE, a public agency provide the parent information about where an IEE may be obtained, and the agency criteria applicable for IEEs . 34 CFR §§300 .502(a)(2) and (e)(1). The public agency must set criteria under which an IEE can be obtained at public expense, including the location of the evaluation and the qualifications of the examiner, which must be the same as the criteria the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an IEE. 34 CFR §300.502(e)(1) . Other than establishing these criteria, a public agency may not impose conditions or timelines related to a parent obtaining an IEE at public expense . See §300.502(e)(2).