A Six Part Series
Part 2: Appropriate Evaluations
The Individuals with Disabilities Education Act (IDEA) is a federal law that establishes important rules and guidelines for special education. It's designed to ensure that children with disabilities have access to the specialized instruction, individualized services, and support they require to thrive in the public education system. In this upcoming blog series, we'll break down the main tenets of IDEA in a way that's easy to understand for parents and individuals who may not be education professionals.
This series will discuss the six key principles of IDEA: 1) Free Appropriate Public Education (FAPE), 2) Appropriate Evaluations, 3) Individualized Education Programs (IEPs), 4) Least Restrictive Environment (LRE), 5) Parent and student participation in decision-making, and 6) Procedural Safeguards. Our aim is to provide clear insights into what these principles mean for you, and how they are (or should be) applied in practice.
In this post, we are going to focus on appropriate evaluations- Requirements under IDEA, evaluation procedures and timelines, and what to do if you don’t agree with the school’s evaluation.
Appropriate Evaluations
Understanding the evaluation process is essential for parents navigating the education system for their child. An evaluation is a process used to determine if a child has a disability and requires specialized instruction and associated services. It's not just one test but a thorough process that looks at many aspects of the child's learning, cognitive function and behavior. Per IDEA, a child must undergo a thorough evaluation conducted by the district before receiving special education services.
Ultimately, the results of the evaluation hold dual importance: they determine whether the child meets IDEA's definition of having a disability and guide the development of the Individualized Education Program (IEP), specifying the necessary supports and related services crucial for the child's access to Free Appropriate Public Education (FAPE) and progress within the general education environment.
Procedures and Timelines
It all starts with a "referral," which is a formal request for the school district to assess a student's eligibility for special services. This request can come from parents or guardians, school personnel, state agencies, or community service entities. When a parent requests an evaluation, the school must respond within 14 school days. They will either deny the request with a written explanation or agree to move forward, but they need written consent from the parent to proceed.
Once consent is obtained, the school, in collaboration with the parent, identifies the specific areas or domains to be evaluated. These include multiple possible categories, including but not limited to academic performance, social skills, and emotional well-being. It's important to note that the school must evaluate the student in all areas suspected of having a disability.
The school has a 60-calendar day window to complete the evaluation upon receipt of parental consent. However, extensions may be granted under certain circumstances, such as when the student is repeatedly unavailable for evaluation. The entire process hinges on written parental consent, except for specific exceptions outlined by IDEA and discussed here.
Quick Tip: I cannot stress enough that an evaluation request needs to be made in writing; verbally requesting an evaluation is not enough. It's highly recommended to obtain a receipt from the school confirming they received your request. This ensures that your request is documented and acknowledged, providing clarity and accountability throughout the process.
Within a 60 calendar day timeline, the district must complete the evaluation process and hold an eligibility meeting with the parent. If the student is found eligible, an Individualized Education Program (IEP) meeting is convened to determine the category of eligibility and outline the specific supports and services required for the child to access Free Appropriate Public Education (FAPE) and succeed in the general education environment.
In situations where there are fewer than 60 days remaining in the school year, the evaluation and eligibility meeting must be conducted before the start of the following school year to ensure timely provision of services. This ensures that necessary supports are in place for the child to begin or continue their educational journey without delay.
Evaluation Requirements
IDEA establishes specific "must-haves" for evaluations to determine eligibility for special education. Among these requirements are:
The LEA must provide the parents with written notice BEFORE evaluating the student; this is referred to as prior written notice (PWN) and is integral to various aspects of the IEP process. Notice should include a description of the evaluation procedure and assessments, and other pertinent information. For initial evaluations, schools should additionally provide parents with a copy of Procedural Safeguards; for subsequent evaluations, schools should inform parents where they can obtain a copy.
The evaluation must be conducted in the child’s native language or primary mode of communication, e.g. Spanish, sign language or Braille, to ensure the most accurate assessment of the student’s abilities. This is essential unless it is “clearly not feasible to so provide or administer.”
Quick Tip: It is usually feasible to do so!
The student must be evaluated in all domains (areas) of a suspected disability.
Quick Tip: If you have any concerns about specific areas, it's advisable to express them formally in a parent concern letter. The school will either agree to evaluate those areas or, if they disagree, they must provide a Prior Written Notice (PWN) explaining why.
Remember, schools are obligated to justify their decisions in detail, as required by law.
In the IEP, typically in the Present Levels section, there's a space for identifying areas of
need and parent concerns. While IDEA doesn't explicitly mandate parent concerns, the
Federal Register for IDEA (which basically explains what each part means), quotes,
“Parents are free to provide input into their child’s IEP through a written report if they so
choose.” It's crucial to ensure your concerns are documented because the areas of need
form the basis for the IEP goals and service minutes. So, take the time to voice your
concerns—they play a significant role in shaping your child's education plan. I guess that
was a not so quick tip.
Evaluation results play a critical role in determining if a student qualifies as a "child with a disability" and in identifying their programming needs. Consequently, evaluations should incorporate a diverse range of measures and assessments. Relying solely on one measure is insufficient, as IDEA emphasizes the importance of using multiple assessments to make informed decisions.
Quick Tip: When you receive PWN detailing the assessments and measures being used, ensure that the evaluation is holistic and comprehensive. This approach is crucial for accurately determining the student's needs and developing an effective support plan.
Assessments must be conducted by qualified professionals, used only for their intended purpose, and should be administered in accordance with the instructions provided by the assessment's creator. This ensures that the evaluation process is accurate and provides trustworthy information about the student's abilities and needs..
If You Disagree with Evaluations
It is commonly misunderstood that parents automatically have the right to an Independent Educational Evaluation (IEE) funded by the district if they disagree with the school's evaluation. However, the truth is that parents have the right to REQUEST an IEE at the district's expense, but it is not guaranteed. IDEA stipulates that parents of children with disabilities can request an IEE, and the school must provide information on where parents can obtain this evaluation and the procedures they need to follow. If parents wish for the school to cover the costs of the evaluation, certain steps must be followed.
The parent can request the school to cover the costs of the new evaluation. Upon the parent's request, the school must either agree to fund it or initiate a due process hearing to justify their evaluation's validity. If the school requests a hearing and it concludes that their evaluation is appropriate, the parent can still pursue the new evaluation but will be responsible for covering the expenses. However, if the hearing determines that an Independent Educational Evaluation (IEE) is warranted, the district must bear the costs. It's important to note that parents can only request the school to pay for one new evaluation each time they disagree with the school's evaluation.
THIS part is important: If a parent requests an IEE, whether paid for independently or by the district, the school is only obligated to "consider" the results when determining the appropriate support for the child. This means that even if the IEE is conducted by the most highly respected professional in the field, the district is not required to follow its recommendations; they only need to consider them when assessing the student's educational needs. Naturally, this aspect can introduce subjectivity and potential disagreements.
However, if the new evaluation fails to resolve disagreements, parents have additional conflict-resolution options available to them.
In Closing…
Understanding the evaluation process under the IDEA is crucial for ensuring that children receive the appropriate support and services they need to thrive in their education. We've covered a lot of ground, exploring the intricacies of Appropriate Evaluations, the procedures and timelines involved, and the requirements set forth by IDEA.
It's important to remember that an evaluation is a comprehensive assessment conducted by qualified professionals to gather a holistic picture of the child's abilities and needs. The results of this evaluation determine not only if the child qualifies as a "child with a disability" but also shape the content of their IEP, outlining the supports and services necessary for their educational success.
This section covered a LOT, and the information can be overwhelming. If you have additional questions about evaluations please send me a message through my Facebook page, and I will post answers on there.
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