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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

  1. My daughter had her tri annual testing completed by the end of September. But they haven’t held the meeting. I found out they aren’t having the meeting until the annual in the spring. Is that legal? Shouldn’t the CSE hold the re-evaluation meeting now since it was due by October 1st? Can they hold off until the annual meeting in May?

    • Reevaluations are done to determine if a child continues to need special education services and whether any additions or modifications to services are needed. 300.305(a)(B) If additions or modifications to services are needed, waiting that long, seems like a violation of the purpose of reevaluations. I suggest you contact your state parent training and information project.

  2. how long does the consent to re-evaluate remain valid? Can a consent be obtained at the Annual Meeting (early in school year) if the FIE is due toward end of school year?

    • Gina, that could depend on state rules, but if the parent does not withdraw consent, then it is likely still valid.

  3. What happens if a parent doesn’t give consent for the re-evaluation until the date for the re-evaluation timeline has gone by?

    • The re-evaluation should then be done. Unless the school did a REED, and decided a revaluation was not needed.

      • Okay but the day for the re-eval meeting to go over the assessments couldn’t be held because all the assessments were not in on time. The three documented parent attempts were given by 12/ 20. The meeting was supposed to have been on 1/5. There was no way since we had xmas break. How would we document that? The annual and reeval planning was in October.

        • A reevaluation, or a REED are done to determine that a child still has a disability and content of the IEP. The eligibility folder should show when this was done, and any changes made to the IEP due to the reevaluation or REED. The district will probably need to report this to the state education agency as an evaluation out of timeline. The documentation in the eligibility folder will show the full story, if the state asks.

  4. The number of students they need to evaluate is not a factor to be used to determine when or if your child will be reevaluated

  5. Can a student with D level IEP be moved into regular ed without a reevaluation and only parent consent over the phone?

  6. If I already have a developmental diagnoses and have signed a consent for reeval for vision services, what is the time line to complete the evaluation.

    • 60 days and schools have ESY there are open. Summers can’t be used either of IEP is due. Still trying to figure out IEE but bc schools pay they are contracted and must follow Education laws too and Timeframes for completion

    • Unless a state has a rule on this, it is not required, so decision on this depends on campus & district. You can request an IEE neuropsych eval.

    • In my experience, neuropsychologicals are done privately not through the school. As far as a psychoeducational eval through the school, it depends on your state guidelines. Many states allow a records review instead of a new psychological if the data supports it.

  7. What is the timeline for an IEP meeting to take place after a re-evaluation for a New Concern? the student was Speech Only but is now SLD with Speech as a related service. Does the IEP need to be completed within 10 days or is it a 30 window?

    • IDEA rules do not address this, but your state may have rules on this. You can ask to see the district policies, & procedures on this. I suggest parents try to get the IEP team to set timelines when additional testing is agreed to.

  8. Can you change a reevaluation date and move it to a current IEP date so you do not have 2 meetings in one year?

  9. 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;

  10. 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.

  11. 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?

    • 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.

      • It would be considered a reevaluation but if another disability category is being considered (change from speech-language to add specific learning disability), then the initial evaluation CRITERIA must be addressed for that particular disability category.

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

        • 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.

          • 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?

          • 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.

    • 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.

  12. 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.

    • 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.

      • 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.

  13. 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.

    • 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?

        • 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.

          • 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).

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