Evaluations
A special education evaluation is a process that helps LEAs and parents (as defined under special education law) determine if a student has a disability and the educational needs of the student that requires IEP services. A student with a disability is one who has been found to meet criteria for any disability category and, as a result, requires specially designed instruction. If it is found that the student has a disability under one of the specified categories, but the student only needs a related service, then the student is not considered a child with a disability under state and federal special education law. The student may, however, require a Section 504 plan.
Consequently, determining eligibility for special education is a two-part process. First, the IEP team must find that the student meets the criteria for one or more of the disability categories. Second, the IEP team must find that because of their disability, the student requires specially designed instruction.
A student cannot start receiving special education services without a full and individual comprehensive special education evaluation, the development of an IEP, and parental consent for the initial provision of services. Once found eligible, a student is periodically reevaluated to determine continuing eligibility and disability-related needs.
Why am I seeing L.E.M.O.N.s everywhere? Click here to find out!
Inital Evaluation
Referral
Any person who reasonably believes that a child is a child with a disability may refer the child to an LEA for an initial special education evaluation. All referrals must be in writing and must include the child's name and the reasons why the person believes the child is a child with a disability. Referrals can be sent directly to your child's school or to sped.referral@rusd.org.
Parental Consent
The LEA must make reasonable attempts to obtain informed consent from the parent before administering any additional assessments to the student or collecting other evaluation information. For initial evaluations, if a parent does not provide written consent, the LEA may not proceed with administering any additional assessments or collecting other evaluation information unless permission is granted through a due process hearing or resolved through mediation.
Reevaluation
A reevaluation may occur not more than once a year unless the parent and the LEA agree otherwise. A reevaluation must occur at least once every three years unless the parent and the LEA agree that a reevaluation is unnecessary (waiver). In addition, a student with a disability must be reevaluated before determining the student is no longer a student with a disability. A reevaluation is not required when a student's eligibility ends when they graduate from high school with a regular diploma or exceeds the age of eligibility.
How is a reevaluation initiated?
A student's parent or teacher may request a reevaluation either verbally or in writing. An LEA may also initiate a reevaluation by providing notice to the parents of the start of the reevaluation. Within 15 business days of receiving a request for reevaluation or the LEA notifying the parents of the start of a reevaluation, a review of existing data must be conducted. The LEA must notify the parents of any
Parental Consent
The LEA must make reasonable attempts to obtain informed consent from the parent before administering any additional assessments to the student or collecting other evaluation information. If, during a reevaluation, the LEA can demonstrate it has made reasonable efforts to obtain parental consent and the student's parent failed to respond, the LEA can proceed with administering assessment or other evaluation materials. This exception only applies to reevaluations, not to initial evaluations. If the parent explicitly refuses to give consent for additional assessment, the LEA may not move forward with administering them unless permission is granted through a due process hearing or resolved through mediation.
Waiver
In very rare instances, a three-year reevaluation can be waived. Under federal special education law, school districts are required to reevaluate children with disabilities once every three years unless the child’s parent and school district agree a reevaluation is not needed. If the parent disagrees, a reevaluation is required.