Initial Evaluations

No. 

From MDE Q&A: “Neither federal nor state law expressly requires requests for a special education evaluation to be in writing." In the case of an initial evaluation for special education services, federal regulations provide, “ . . . either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.” (34 C.F.R. § 300.301(b)). In the case of a reevaluation, the federal regulations go on to say a public agency must ensure a reevaluation “if the child’s parent or teacher requests a reevaluation.” (34 C.F.R. § 300.303(a)(2)). For both initial and reevaluations, the regulations do not require a parent to provide a written request to the school district for a special education evaluation. 

Accordingly, a district must respond to a parental verbal request to have their child evaluated for special education eligibility. Once a school district receives a verbal or written request from a parent for a special education evaluation, the district must either accept or reject the request by providing the parent with a PWN following the procedures outlined in title 34, section 300.503, of the Code of Federal Regulations. Authority: 34 C.F.R. § 300.301(b); 34 C.F.R. § 300.303(a)(2); 34 C.F.R. § 300.503.”

Important factors to note:

• The evaluation request has to be from a parent → not from a stepmother, mom’s boyfriend, etc. unless that person has educational rights.

• The school must respond with either a PWN or with an Evaluation Plan PWN.

• The school must provide the parent with Procedural Safeguards. This is a legal requirement when the parent requests an evaluation.

Document the conversation in the SpEd Forms Communications Log. Describe whether or not a meeting will be scheduled. If parent wishes to proceed and meeting is held:

• Procedural safeguards should be given when request is made.

• Print a team meeting notice form.

• Write an evaluation plan PWN if the school proceeds with the initial evaluation. If the parent and school agree not to move forward with the evaluation, document this in a PWN.

Even if the initial phone conversation is quick and informal, a meeting is not held, and the parent and school agree not to move forward with the evaluation, this should still be documented in a PWN.

If someone with parental rights requests an evaluation—verbally or in writing—the district must either accept or reject the request by providing the parent with a PWN following the procedures outlined in title 34, section 300.503, of the Code of Federal Regulations. Authority: 34 C.F.R. § 300.301(b); 34 C.F.R. § 300.303(a)(2); 34 C.F.R. § 300.503.”

Important factors to note:

• The school must respond with either a PWN or with an Evaluation Plan PWN.

• If the school team is considering rejecting the parent's request, contact your Special Services Supervisor.

• Even if the parent retracts their request, document this in a PWN. "The district proposes not to proceed with an evaluation at this time." etc. etc.

• The school must provide the parent with Procedural Safeguards. This is a legal requirement when the parent requests an evaluation.

If an initial evaluation plan was sent out and it was returned signed, but the parents refused, we need to offer conciliation (and document that it was offered). If an initial evaluation plan was sent out and nothing was returned, document the attempts to evaluate.

This decision must be navigated case-by-case, as there are many factors to consider in order to determine if the student is making progress.

If you encounter this situation, connect with your Special Services Supervisor for support in making this determination. In early childhood cases, wrap in your Early Childhood Services Coordinator.