Part B Evaluation Timelines & Guidance

Priority must be given to completing evaluations that teams started in the spring and are under an extended timeline that was agreed to by both the parent and the district

Initial Evaluation

Teams should make arrangements to complete any remaining face-to-face assessments required to determine initial special education eligibility as soon as possible. Once complete, follow typical post-evaluation guidance (i.e., report writing, IEP meeting).

Reevaluation

Teams should continue serving students already identified as having a disability under their current IEP until the reevaluation can be completed. Once complete, the IEP team should meet to review and revise the IEP and CLP accordingly.

Any extensions to timelines, following the guidance below under the header "Developing Mutually Agreed Upon Timeline Extensions."

1. Reflect any changes in standardization procedures during a Hybrid model on the Evaluation Plan/PWN, such as wearing masks, social distancing, potentially testing during distance learning days, testing only on in person learning days, etc. (note: drop downs have been added to SpEd Forms)

   1. “This evaluation will be completed while complying with health guidelines of social distancing. Please note that evaluation in this manner utilizes testing procedures (i.e., use of face coverings, increased distance between the evaluator and student) that do not follow standardization guidelines of the instruments used.”

   2. “Given the hybrid school schedule in which STUDENT will attend every other school day, STUDENT will be tested in shorter durations over a multiple days to minimize the time they are removed from instruction.”

2. Similarly, include a statement on the Evaluation Summary Report (ESR) to reflect any COVID-19-related changes in testing conditions or standardization procedures in the “adaptation to evaluation and validity of results” section (note: this language is being added to evaluation templates in SpEd Forms). The statement should be individualized to reflect the actual evaluation adaptations that were made for each student.

   1. “This evaluation was completed while complying with public health guidelines, including use of face coverings [, personal protective equipment (PPE), specifically (list out specific PPE used, i.e., face shield, gloves, plexiglass divider, etc.)] and social social distancing] between the evaluator and the student. Please note that evaluation in this manner utilizes testing procedures that do not follow standardization guidelines of the instruments used. The results of this evaluation should be interpreted in light of any deviations made due to the COVID-19 pandemic.”

Initial Evaluation

STEP 1: Review the evaluation plan and determine which evaluation activities have already been completed which still need to be done.

• • If everything has been completed that requires face-to-face assessment with the student, compile remaining data (i.e., existing file review tasks, rating scales completed by teachers/parents, etc.), proceed to STEP 2 and complete the evaluation summary report as soon as possible.

  • Consider what can be completed remotely and complete those activities using alternate methods, such as:

    • Parent rating scales done via interview through technology, phone or mail

    • Teacher rating scales done via interview through technology, phone or mail

    • Observation during live virtual learning

  • If one or more evaluation activities requiring face-to-face assessment with the student (i.e., the Woodcock-Johnson Test of Achievement), have not yet been completed, the special education case manager should connect with the building administration to determine if the student can be brought in to complete evaluation tasks while in distance learning.

    • If yes, proceed with evaluation activities and complete within 30 day timeline.

    • If no, then follow the process outlined in the Developing Mutually Agreed Upon Timeline Extensions section below.

STEP 2: Review timeline for completion of evaluation.

• • If the evaluation can be completed within the 30-school-day timeline, no additional action is needed and the team should complete the evaluation summary report.

  • If the evaluation cannot be completed within the 30-school-day timeline, follow the process outlined in the Developing Mutually Agreed Upon Timeline Extensions section below.

Reevaluation

Reevaluations should follow the guidance above with the exception of determining if there are any face-to-face assessments listed on the original Evaluation Plan/Prior Written Notice that are not necessary to determine continued eligibility (continuing need) and educational needs. If there are any evaluation tools listed that are not necessary for this purpose, then the evaluation plan should be amended to remove those tools to avoid any unnecessary delays to the evaluation. These changes should be clearly articulated in the evaluation plan and accompanying Evaluation Plan/PWN.

Initial Evaluation

During any distance learning period, school districts continue to have an obligation to child find, and therefore need to work to complete evaluations for students suspected of having a disability under IDEA.

If an evaluation plan has been sent out, but consent has not yet been obtained:

• Once consent is received, complete the assessments that can be completed without face-to-face time.

If an evaluation plan needs to be developed:

• Complete a comprehensive evaluation plan, using the Evaluation Planning Guide

  • If one or more evaluation activities requiring face-to-face assessment with the student (i.e., the Woodcock-Johnson Test of Achievement), cannot be completed, on the Evaluation Plan/Prior Written Notice indicate the following in the "Other Factors" section:

    • Due to the COVID-19 pandemic and resulting safety concerns and school closures, the following required face-to-face assessments can not be completed: [List assessments that cannot be completed]. Once students return to the building, these assessments will be completed within ten school days upon returning to buildings.

Reevaluation

If an evaluation plan has been sent out, but consent has not yet been obtained:

• Determine if an amendment is possible to remove any face-to-face evaluation activities that are not required or necessary to determine continuing need/eligibility. If an amendment is needed, amend the plan and explain why assessments are being removed.

• Once consent is received, complete the assessments that can be completed without face-to-face time. Make all efforts to complete the reevaluation using existing data whenever possible.

If an evaluation plan has yet to be developed:

• Complete a comprehensive evaluation plan to make a determination of continuing need/eligibility. Pay special attention to whether face-to-face assessment is necessary to make this determination. Make all efforts to complete the reevaluation using existing data whenever possible.

• If face-to-face assessment is necessary and one or more evaluation activities requiring face-to-face assessment with the student (i.e., the Woodcock-Johnson Test of Achievement), cannot be completed, indicate the following in the "Other Factors" section on the Evaluation Plan/Prior Written Notice:

  • • Due to the COVID-19 pandemic and resulting safety concerns and school closures, the following required face-to-face assessments cannot be completed until students return to the building: [List assessments that cannot be completed]. Once students return to the building, these assessments will be completed within ten school days upon returning to buildings.

Evaluation In Progress

• Follow guidance under consent already received (initial evaluation) with the exception of the following statement being added to the Evaluation Plan/Prior Written Notice under "Other Factors Affecting the Proposal":

  • "[Student] will continue to receive special education supports and services until the evaluation is complete and an eligibility determination is made, even if they reach the age of 7 before the completion of evaluation."

Evaluation Not Yet In Progress

• Follow guidance under initial evaluation (no consent received) below.

If the team is suspecting a disability, students should continue to be served even if the evaluation cannot be completed prior to the student turning 7.

If the team is no longer suspecting a disability and an evaluation can be completed using existing data, students should be dismissed.

Yes. As long as the district determines it is safe and there is staff capacity, a district can and should provide opportunities for students to come on-site for any necessary face-to-face assessments.

Contact your SSS. If a parent refuses to bring their child in for required evaluation tasks, they are essentially refusing the evaluation and Alternative Dispute Resolution (ADR) processes should be followed. The first step would be for the District, via the SSS, to offer the parent a conciliation conference to determine if concerns can be resolved locally. This resolution might involve enhancing use of PPE or social distancing, or it may result in the team deciding to use alternate assessment tools that don't require face-to-face instruction. The SSS will lead the team through this process and determine any additional action that may be required.

Yes. MDE guidance indicates that in a hybrid model, students with special learning needs could attend school in-person more frequently, up to full-time. Districts can determine which students are in need of additional in-school services or activities based upon the need to complete initial evaluations and reevaluations in a timely manner. That could include students identified under the child find process for initial eligibility, students whose needs have changed and are in need of a reevaluation, students moving from Part C to Part B and in need of a Part B evaluation, or a student aging out under the developmental disability criteria and in need of evaluation to determine eligibility under other categories. Districts can then provide additional in-school time for those students, as long as they are complying with public health guidelines.

Maybe. Prior to any in-person assessment in this scenario, district leadership should first consult with their designated regional support team, to ensure they are able to operationalize in-school direct services for students with disabilities by complying with public health guidelines. If determined appropriate, after consultation with its regional team, the district could expand in-school activities that would include an initial evaluation or reevaluation that is unable to be completed virtually.

The team must determine how to collect as much data as possible to complete the FBA. Interviews with parents, teachers, and the student will be critical, as will any other available data (i.e., attendance, office discipline referrals, etc.). While observations in the school setting will likely not be possible during any period distance learning, virtual observations of the student in the home learning environment could be conducted.

Additionally, if the student's needs change depending on the setting (i.e., distance learning versus in-person learning at school), the team can review the FBA and consider an update once the student returns to the building.