The Evaluation.
The Initial Evaluation -
The Re-Evaluation - IDEA requires that your school ensure a reevaluation of each child with a disability anytime it believes that educational or related needs, including improved academic achievement and functional performance, of the child warrant a reevaluation, or if the child’s parent or teacher requests a reevaluation. It should also occur at least once every three years, unless the parent and the local educational agency agree that a reevaluation is unnecessary. 20 USC § 1414(a)(2).
The Independent Education - An IEE is an evaluation conducted by a qualified examiner who is not employed by the public agency, or school district, responsible for the education of the child in question, and is provided at public expense. A parent can also seek an independent evaluation on their own cost.
The Initial Evaluation.
The initial evaluation should use a variety of tests, data, and information. Tests alone will not give a comprehensive picture of your child.
IDEA addresses the requirements for evaluations in 20 USC 1414(a), (b), and (c). The first step to getting a good IEP is a complete evaluation across areas of your child’s need.
The initial evaluation is required before the school can create an IEP. An initial evaluation is a series of tests to determine your child’s needs. A parent must give “informed consent” prior to the evaluation being conducted. Informed consent means that you understand how and why your child is being tested and what the testing will entail. A district cannot conduct an initial evaluation of a child suspected of having a disability without first obtaining informed parental consent. After the initial evaluation where a child is found eligible, schools must consider whether a reevaluation is needed every three years.
It is the school’s job to be on the lookout for any child who qualifies for an evaluation. The initial evaluation should be triggered by what is known as the Child Find requirement of IDEA which occurs anytime a school “suspects” or should suspect a child may have a disability that would entitle them to special education.
For more information on school obligations on Child Find and Eligibility click here:
For more information on testing and measurements click here:
The Re-Evaluation.
The reevaluation is an important way of tracking your child’s progress, needs, and keeping his or her data current.
For information on the re-evaluation read below, for more information on tests and measurements and general evaluation questions, click on the button.
The Re-Evaluation
IDEA requires that your school ensure a reevaluation of each child with a disability anytime it believes that educational or related needs, including improved academic achievement and functional performance, of the child warrant a reevaluation, or if the child’s parent or teacher requests a reevaluation. It should also occur at least once every three years, unless the parent and the local educational agency agree that a reevaluation is unnecessary. 20 USC § 1414(a)(2).
Knowing where you are starting is the critical part of knowing where you are going. An initial evaluation and periodic reevaluations of your child truly are necessary to make sure that the direction is right, and progress is being made.
Frequently Asked Questions About the Re-Evaluation
Is a reevaluation important?
Yes. And it should be done regularly. If you are unsure if your child’s evaluation is comprehensive, you should request an IEE.
How often does the school need to reevaluate my child for special education services?
Once qualified as eligible, the revaluation must occur at least once every three years, unless the parent and the public agency agree otherwise; it can occur more often—again, if the parent and the public agency agree. 20 USC 1414(a)(2).
Does the school have to inform parents of what tests and/or other procedures are going to be used to reevaluate the child?
Yes. The school must provide notice to the parents of a child with a disability that describes any evaluation procedures the agency proposes to conduct. 20 USC 1414(b)(1)-(3), 1412(a)(6)(8).
What types of tools is the school supposed to use to reevaluate the child?
In conducting the evaluation, the school must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child. This includes information provided by the parent that may assist in determining whether or not the child is still a child with a disability under IDEA and the content of the child’s IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities). 20 USC 1414(b)(1)-(3), 1412(a)(6)(8).
What areas of suspected disability should both the original evaluation and the reevaluation screen?
The child should be assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities. 20 USC 1414(b)(1)-(3), 1412(a)(6)(B).
We are concerned that our child’s evaluation did not take into account our racial and cultural background. Is this something that IDEA covers?
Assessments and other evaluation materials used to assess a child under IDEA must
not to be discriminatory on a racial or cultural basis. 20 USC 1414(b). If you have concerns about the evaluation ask to speak to the school psychologist ahead of time and have these discussions.
Do I have to give parental consent for a reevaluation?
Yes. A school must obtain informed parental consent prior to conducting any reevaluation of a child with a disability. If the parent refuses to consent to the reevaluation, the public agency may, but is not required to, pursue the reevaluation by using the consent override procedures such as due process. However, there are ways that schools can reevaluate a child without having another formal evaluation.
Can the school do its own reevaluation based on its own data without my consent?
In some circumstances the answer is yes. The informed parental consent described above need not be obtained if the public agency can demonstrate that it has made reasonable efforts to obtain such consent and the child’s parent has failed to respond.
Our school did not test our son for his reevaluation but rather simply looked to his grades and homework in making their determination. Can they use only one measure?
No. A school may not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child, and it must use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. 20 USC 1414(b)(1)-(3), 1412(a)(6)(B).
A very new teacher administered our daughter’s reevaluation and allowed her extra time and assistance. Is there a requirement in the law as to who can administer tests for an evaluation?
Yes. Both evaluations and reevaluations that consist of tests must be administered by trained and knowledgeable personnel and in accordance with any instructions provided by the producer of the assessments. Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient. 20 USC 1414(b)(1)-(3), 1412(a)(6)(B).
Does the school have to conduct a reevaluation before declassifying a child from special education?
Yes, the school must evaluate a child with a disability before determining that the child is no longer a child with a disability and declassifying them from special educational services. Sometimes a school will tell a parent that they can simply revoke services and that will end the special education programming that their child no longer needs. Do not fall into the trap of simply revoking services because your School tells you that your child no longer needs them. Ask for an evaluation and then make the decision at a meeting.
A teacher recently “screened” my child for learning disabilities and did not inform me until afterward. Is this an evaluation that was done without my consent?
The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. 20 USC 1414(a)(1)(E). An evaluation would be if the school conducted a series of tests with the purpose of determining whether your child has a specific learning disability, not a screening that is likely done for most children in the school as part of the school’s Child Find obligations.
Does the school have to inform parents of what tests and/or other procedures are going to be used to reevaluate the child?
Yes. The school must provide notice to the parents of a child with a disability that describes any evaluation procedures the agency proposes to conduct. 20 USC 1414(b)(1)-(3), 1412(a)(6)(8).
We are from France, and our child is in second grade. She is a little slower because she is still learning to work in two languages. The school’s test seems to be something that would not be appropriate for her due to a cultural bias and a language impairment. Can we ask for other evaluation tools?
Yes. Assessments and other evaluation materials used to assess a child under this part 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 and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer. 20 USC 1414(b)(1)-(3), 1412(a)(6)(B).
We are helping a family who doesn’t speak English well get their child evaluated. Can the evaluation be given in their child’s language?
Yes, absolutely. These evaluations must be provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally. 20 USC 1414(b).
The Independent Educational Evaluation
An IEE is an evaluation conducted by a qualified examiner who is not employed by the public agency, or school district, responsible for the education of the child in question and is provided at public expense. This means that the school district either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent. The Independent Educational Evaluation Provision of IDEA can be found at 20 USC 1415(b)(1) and (d)(2)(A).
An IEE is a parent’s procedural right.
A parent has the right to an IEE for their child at public expense if the parent disagrees with an evaluation obtained by the public agency. In other words, if a parent does not believe that the school’s evaluation of their child is thorough enough or provides appropriate information in respect to their child’s needs, they can request an independent evaluation. 20 USC 1415(b)(1) and (d)(2)(A).
This right is one of the most important given to parents by the IDEA and gives you the right to seek a “second opinion” at public cost. Despite being one of the most important rights, it is often not utilized. Regardless of your relationship with your child’s school or the evaluator, is it important that if you have any concerns regarding your child’s educational programming, you have an independent evaluation.
When to consider an IEE:
You disagree with the school’s evaluation.
You do not believe the school’s evaluation is complete.
Your school has not done an evaluation on your child, whom you believe to be eligible.
You believe that an IEE will shed unbiased light on your child’s needs in education.
Finding an Independent Evaluator.
Your school district must provide you a list of qualified evaluators who are not employed by the school district. The independent evaluator is selected by the parents. The school cannot require specific evaluators, nor can they refuse to pay because they do not like your evaluator. However, the person must be a trained educational evaluator, and this usually is a PhD-level psychologist or neuropsychologist. You cannot have an untrained educational evaluator, or unapproved, unheard of testing types, or the school will not have to provide payment. 20 USC 1415(b)(1) and (d)(2)(A).
When selecting an evaluator, you will need to ask questions. Just because an individual is a psychologist who specializes in a certain area doesn’t mean that they provide educational testing. You also need an individual who is not afraid of being painfully honest—to either you or the school. If your child’s program is wildly inappropriate and your child has regressed multiple grade levels, you want them to be able to clearly and strongly put this in writing and not back down when questioned at a case conference or a due process hearing.
Questions to ask:
Do you do psychoeducational evaluations?
How many have you done before?
My child is challenged by ______________; would you feel comfortable evaluating the educational impact and their needs?
Are you comfortable making recommendations to the school on the past and current program and attending a case conference if needed?
Are you or have you ever been hired by any school districts as a consultant? In what capacity?
What is your schedule, and how soon might we expect a completed evaluation report?
Frequently Asked Questions About Independent Evaluations
Does the school have to provide an IEE simply because a parent requests it and says they disagree with the school’s evaluation?
Yes. The school must either provide the IEE, basically a statement that provides assurances that they will reimburse or provide the evaluation costs directly to the evaluator, or they must file a due process complaint to request a hearing to show that their own evaluation is appropriate, fully complete, comprehensive, and there is no reason for any type of dispute. In real life it is difficult for schools to make this argument due to the limited time and expertise of a school psychologist compared to a neuropsychologist or other PhD-level educational specialist who may have additional expertise in your child’s particular disabilities. 20 USC 1415(b)(1) and(d)(2)(A). Do not let the fear of the school requesting a due process stop you from requesting the necessary IEE of your child.
Once we request an independent evaluation, how soon will we hear back from the school?
Fairly quickly. While the law does not offer a specific requirement, the school is supposed to respond “without unnecessary” delay and in a quick manner. This is generally interpreted as within fifteen-to-twenty days from the date of their receipt of your letter requesting the educational evaluation. Some states provide exact deadlines. Other states use the “reasonable time” standard, which can be up to ninety days. It is very important to see what your state requires; in Indiana it is ten days.
Can the school impose timelines or conditions on the IEE?
No, they cannot impose timelines, evaluators, or other conditions on the IEE. Once they have agreed to pay for it, they should pay for it.
Do I have to go into detail regarding why I disagree with the school’s evaluation of my child?
No. The law only requires that parents state that they disagree with the evaluation, whether that is because they do not believe it is complete enough or they believe it is completely wrong. For a sample letter requesting an IEE, please see the forms section at the end of this book.
We had Sylvan Learning Center do a free test on our child, and they said they could do more extensive testing for $2,000. Is Sylvan a qualified evaluator?
In most cases the answer would be no. A qualified evaluator is usually a psychologist or other PhD-level educational expert who is trained in the administration of IQ test and other intensive educational testing.
If we file for a due process hearing and the Independent Hearing Officer (IHO) requests an independent evaluation, then who must pay?
If an IHO requests an IEE as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense (in other words, paid for by your school). 20 USC 1415(b)(1) and (d)(2)(A).
What does an IEE response from the school look like?
It is usually a letter that states that the school received your request for an IEE and that you should have the evaluator of your choice contact the school or you should provide their information so that payment arrangements can be made. Most districts also provide a list of individuals in the state who routinely provide these evaluations. However, while most, if not nearly all, districts and evaluators have good motives, it is important to research the evaluators thoroughly and to make your own choices, especially if you have made the decision to have an IEE for your child. Some evaluators get used to receiving referrals from the school and tend to not want to bite the hand that feeds them. 20 USC 1415(b)(1) and (d)(2)(A).
The evaluator we selected informed us that the educational evaluation was going to be over $8,000. Can the school refuse to provide payment?
It depends on your area of the country and your child’s unique needs. The school may attempt to challenge this evaluation and the reasonableness of the costs.
How often can a parent request an independent evaluation?
A parent is entitled to only one IEE at public expense each time the public agency conducts an evaluation with which the parent disagrees. 20 USC 1415(b)(1) and (d)(2)(A).
We requested and received an independent evaluation. We are worried that the school, whose evaluation we disagreed with, will not fully consider the independent evaluation. Are they required to consider it by law?
The independent evaluation must be considered by the school in regard to any decision made with respect to the provision of FAPE in your child’s IEP meeting. It may also be presented as evidence at a hearing if there is a due process complaint regarding your child’s education.20 USC 1415(b)(1) and (d)(2)(A). Being “considered” means it is discussed, analyzed, and that its implications and applications are actually spoken about at the case conference. If the school simply sticks it in your child’s file, this is not considering it.
Does the school have the right to a copy of the IEE if it was provided at public expense?
In general the answer is yes—the school will in most cases have the right to a copy of the evaluation. 20 USC 1415(b)(1) and (d)(2)(A).