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Karen:  If a parent requests that their child not have a triennial evaluation, when is the next evaluation due? Three more years?

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Jill G
04/28/2016 8:15 am

Karen –

Yes, the next reevaluation would be “due” in 3 years. But the school (or parent) may take action before then, if they believe that the child’s needs warrant it.

IDEA requires reevaluation to occur AT LEAST every 3 years (unless the parent and school agree otherwise). It can happen earlier if the parent or school believes the child’s educational needs have changed. See § 300.303 of the IDEA regulations.

On a side note… if the school believes that a reevaluation is required(at the 3 year mark or at any time) but the parent refuses consent, the school may – but is not required to – request a due process hearing to move forward without parent consent. See § 300.300