Evaluating Children Who Have Been Referred to Determine Eligibility for Special Education Services and Requirements for Reevaluation - Learning Disabilities Association of America

Evaluating Children Who Have Been Referred to Determine Eligibility for Special Education Services and Requirements for Reevaluation

When and why does a child receive a full and individual initial evaluation?

When the referral process indicates that a child may need special education services, IDEA requires that each public agency shall ensure that a full and individual initial evaluation be conducted to determine if the child is a “child with a disability,” as defined under IDEA, and the educational needs of the child.

What are the responsibilities of the public agency to parents prior to the full and individual initial evaluation?

The public agency must provide prior written notice to the parent when proposing to initiate, change or refuse to initiate or change the identification, evaluation, or educational placement of the child. Prior written notice shall include:

A description of the action proposed or refused by the agency.
An explanation of why the agency proposes or refuses to take the action.
A description of other options considered by the agency and why action was rejected.
A description of each evaluation procedure, test, record, or report used as a basis for the proposed or refused action.
A description of any other factors relevant to the agency’s proposal or refusal.
A statement that the parents of a child with a disability have protection under the procedural safeguards of the law and the means by which parents can obtain a full explanation of those protections and State complaint procedures.
Sources parents can contact to obtain assistance in understanding the provisions of IDEA.

Is parental consent required prior to the individual initial evaluation?

Yes. Parents must give informed consent prior to the individual initial evaluation.

What are the requirements in conducting the evaluation?

In conducting the individual initial evaluation, the local education agency shall:

Ensure that tests and other evaluation materials used to assess a child are selected and administered so as not to be discriminatory on a racial or cultural basis and are provided and administered in the child’s native language or other mode of communication, unless it is clearly not feasible to do so.

Use a variety of assessment tools and strategies to gather relevant functional and developmental information about the child, including information provided by the parent, that may assist in determining whether the child is a child with a disability and the content of the child’s individualized education program, including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities.

Ensure that any standardized tests that are given to a child have been validated for the specific purpose for which they are used and are administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the tests.

Not use any single procedure as the sole criterion for determining whether a child is a child with a disability or determining an appropriate education program for the child.

Ensure that the child is assessed in all areas related to the suspected disability.

Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

Assure that assessment tools and strategies are used that provide relevant information that directly assists persons in determining the education needs of the child.

How are the evaluation results used?

When the administration of tests and other evaluation materials is completed, the determination of whether the child is a “child with a disability” and in need of special education services shall be made by a team of qualified professionals and the parents of the child.

A copy of the evaluation report (and the documentation of determination of eligibility) will be given to the parent.

What happens if there is disagreement about the evaluation results?

If parents disagree with the school district’s evaluation results, they have a right to:

Have someone outside the school system evaluate their child (Independent Educational Evaluation [IEE]).
Help select the person/persons who will do the evaluation.
Have the testing done at no cost to the parents/family.

The school district must either have the child evaluated at no cost to the parents or show, at a hearing, that the school’s evaluation is appropriate. If a hearing is convened and a final decision finds the school's evaluation to be appropriate, parents still have the right to an IEE, but not at public expense. If parents obtain an IEE at private expense, the IEE results must be considered by the public agency in planning the IEP, if the evaluation meets agency criteria. The IEE may be presented as evidence in a due process hearing.

What does IDEA say about reevaluations?

A triennial evaluation must be done every three years after a child has been placed in special education. Reevaluation can occur more frequently if conditions warrant, or if the parent or teacher request a reevaluation. For example, parents might request a reevaluation when they do not feel their child is progressing within the current program, instruction, services, or goals.

IDEA makes provisions to have a “no questions” reevaluation. This is when the full team, including the parents, feel that the present program is working and simply needs to continue in the same manner. If there are no questions, then no assessments are made and the triennial reevaluation simply confirms progress. Parents need to be sure that their questions are not overlooked in the “no questions” reevaluations. This is especially true of the last reevaluation the child receives before leaving high school. The child may need current test data to receive services in post secondary education.

Is parental consent required for reevaluation?

Informed parental consent is required prior to conducting reevaluation of a child with a disability.

What does reevaluation involve?

Existing evaluations and information provided by parents are reviewed during the reevaluation. On the basis of the review, the team, including the parents and other qualified professionals as appropriate, identify additional needed data to determine whether the child continues to be a child with a disability and in need of special education and related services.

Excerpted from the LDA ADVOCACY HANDBOOK: A Parent’s Guide for Special Education available to LDA members for free downloading in the Members Only section or available for $12.00 from LDA.

Learning Disabilities Association of America
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