Print Friendly, PDF & Email

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

  1. Can a parent refuse consent for a reevaluation but still keep special ed services? The last reevaluation was a record review with no updated testing so now the data is 6 years old.

    • Eliza, IDEA rules do not require a district to reevaluate a student served by special education. They do require that every three years, the district do a review of existing evaluation data to determine if the student continues to have a disability, and continues to need special education services. 300.305 So if the answer is yes, formal reevaluations are not needed. But the parent has the right to request a formal evaluation. Your state parent training & information project is a source information & support if you need more.

  2. When parents and staff agree that a re-evaluation is not needed, what, if any, paperwork has to be completed?

    • Barbara, IDEA rules say the school must notify the parents of this determination, and their rights to request an assessment. So the school should have a way to show this was done. Documentation in the IEP paperwork, or a separate form are ways to document this.

    • We tell parents and teachers, “If it isn’t in writing, it didn’t happen.” The school needs to document that the parents agreed that an evaluation is not needed.

  3. 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

Leave a Reply

Your email address will not be published. Required fields are marked *


Please help us defeat spam. Thank you. *