Reevaluation Decision Making

Explanation

In general, reevaluations are federally mandated to occur every three years; however, there are exceptions to this rule.

Three re-eval options

Before drafting a reevaluation plan, the evaluation team should use the Reevaluation Decision Making Flowchart to determine which option is most appropriate:

Once you've determined an option, scroll down to review local procedures for that option.

Reevaluation Decision Making Flowchart - Master.pdf

NOTE: The specific federal regulations, state statutes, and MN rules that specify the legal obligations associated with reevals are outlined in the MDE Compliance and Assistance Q&A.

Four questions must be answered

Per federal and state requirements, the data available must sufficiently allow the team to answer four essential questions (below).

As a team, consider how existing data answers these questions

Determine if additional data is needed OR if it may be appropriate to waive an evaluation all together.  

"Existing data" includes:

Q1: Does the student continue to have a disability under IDEA? 

For reevaluations, a student does not have to meet initial eligibility criteria in order to continue to receive special education services. For this question, teams should consider whether the existing data clearly indicates that the behaviors and needs the student is exhibiting continue to be in alignment with the category in which they are receiving services. If yes, continue, no additional assessments are needed and the team can focus on answering the next question. If no, consider what additional data is needed and whether or not the team is considering: 

Q2: Does the student continue to have a need for special education services? 

For this question, consider the progress the student is making toward reaching grade-level expectations. Is the student making progress toward their IEP goals and are those goals aligned with grade-level targets set for their peers? If the most recent progress report indicates the student is meeting their goals, but the goal level is discrepant from general education peers, a continued need for special education services can be determined without additional assessment being conducted.

Q3: What are the student's present levels of academic achievement and functional performance (PLAAFP)?

Through the IEP process, the PLAAFP needs to be updated annually, which is often done through a review of existing progress monitoring data as well as a review of curriculum-based measures. In order to determine the PLAAFP for a student, the available data must allow the IEP team to articulate the student's strengths, needs, expectations of peers, how their disability impacts their participation in general education, and transition needs (if applicable). 

In addition to updating present levels in any goal area, present levels in the "big three" academic areas (i.e., reading, writing, and math) must also be defined. If this data is not available, additional assessment to determine present levels will be necessary. General functional performance (i.e., behavior and adaptive skills) must also be indicated, if not addressed elsewhere in the IEP. 

Q4: Are any additions or modifications needed to the student's programming? 

A primary purpose of reevaluations is determining if any additions (new services/supports) or modifications (changes to services/supports) are needed to ensure the student:

If there are concerns regarding either progress or access, the team has to decide if they have sufficient existing data (SEE ABOVE) to address these concerns via additions or modifications to the IEP. In other words, does existing data allow the team to confidently answer the questions below: 

If there are concerns regarding either progress or access and the team is not able to confidently answer these questions using existing data, then additional data must be collected.

Option 1:

Reevaluation That's Solely a Review of Existing Data

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Option 2:

Reevaluation With New Data Collected

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Option 3:

Agreement to Waive a Reevaluation

This option is appropriate when the team determines that a reevaluation is necessary, but existing data sufficiently answers the four essential evaluation questions (see above). When the team decides Option 1 is most appropriate, the following steps must be completed: 

Step 1: Review existing and most current information on the student

Step 2: Contact parents to gather input on the student's present levels and needs

Step 3: Notify parents via Prior Written Notice (PWN)

Step 4: Develop a comprehensive evaluation report 

*Do not use categorical templates, as those are designed to include data needed for addressing initial criteria* 

Example PWN for Reevaluation Consisting of a Review of Existing Data

Evaluation_Reevaluation_Plan_Prior_Written_Notice.pdf

Note: this is only an example and not reflective of any requirements for any specific position. Each evaluation team is determined on a case-by-case basis

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Option 1:

Reevaluation That's Solely a Review of Existing Data

Option 2:

Reevaluation With New Data Collected

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Option 3:

Agreement to Waive a Reevaluation

There are a few common scenarios where a team may determine that new data is needed via additional assessments. These include (but are not limited to):

If new data is needed, use standard evaluation planning and notification procedures. Develop a comprehensive evaluation plan that includes all necessary tools and send it home to parents. Consent must be received or 14 days must lapse before assessment can begin.

Selecting which eval report template to use in SpEd Forms:

In determining which template to use, the team should decide based on the amount of additional assessments being completed and the questions being answered: 

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Option 1:

Reevaluation That's Solely a Review of Existing Data

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Option 2:

Reevaluation With New Data Collected

Option 3:

Agreement to Waive a Reevaluation

The decision to waive an evaluation should be less commonly made than the other two options, but it is permitted under federal regulations. 

The Reevaluation Decision Making Flowchart outlines conditions under which a reevaluation is required (i.e., a student turning 7 and aging out of DD eligibility); however, it might leave questions as to when a team should be considering waiving a reevaluation, with the exception of students who are graduating/aging out of services at the age of 21. 

In general, waiving an evaluation is likely reasonable — if a team can answer "yes" to all of the following questions

Ultimately, it is the district's responsibility to determine when a reevaluation is necessary and when it might be appropriate to waive a reevaluation. When determined appropriate, follow these steps: 

Step 1: Contact Parents

Step 2: Complete the 'Notice of Agreement that a 3 Year Reevaluation is Not Needed' form in SpEd Forms (see below)

Step 3: Obtain Consent 

Step 4: Reconcile the SpEd Forms System

Required Form: Notice of Agreement that a 3 Year Reevaluation is Not Needed

_0138__Notice_of_Agreement_that_a_3_Year_Reevaluation_is_Not_Needed.pdf

✋ Frequently Asked Questions

If the district and parent agree to waive the three-year reevaluation, when is the next reevaluation due?

The clock for calculating the next reevaluation due date starts on the date that the parent agreed to waive the evaluation. For example, if the district and parent agreed to waive a student's three-year reevaluation on December 11, 2020, then the student's next reevaluation would be due no later than December 11, 2023.

Is an observation considered existing data or are observations considered new assessments? 

It depends. In order for an observation to be considered existing data, it needs to be conducted under one of the following conditions: 

If the team decides that an observation is needed and neither of the conditions listed above are met, then the observation must be considered an assessment, and it must be listed on an evaluation plan and summarized in the evaluation summary report (ESR). 

Do all reevaluations need a comprehensive evaluation report?

Yes. An Evaluation Summary Report (ESR) must be completed and provided to the student’s parent(s) within the evaluation timeline, even if the reevaluation consists only of a review of existing data.

At a minimum, the ESR must include a summary of all evaluation results (or the existing data reviewed and any input from the student’s parent), documentation of whether the student continues to have a disability, the student’s present levels of performance and educational needs that derive from the disability, whether the student continues to need special education and related services, and whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the student’s IEP and to participate, as appropriate, in the general curriculum.

If the parent(s) and the district agree that a reevaluation is unnecessary, the district does not need to complete an evaluation report.

Can we do a reevaluation based solely on a review of existing information if we do not hear back from parents after reaching out? 

Yes. If the District proposes a reevaluation using a review of existing information and the parent does not respond (i.e., does not express disagreement and does not request additional assessments), passive consent (14 calendar days) would apply and the team can move forward with the reevaluation in this manner. 

Can we waive a reevaluation if we do not hear back from parents after reaching out?

Maybe. If the District obtained verbal consent from a parent via an initial phone call, email or text exchange, and this conversation is documented, but then the parent does not return the signed Agreement that a 3 Year Reevaluation is not Needed form, the district can still proceed with waiving the evaluation so long as the documentation of the original agreement is filed. 

However, if the district never obtained additional agreement through some type of contact with the parents, then the reevaluation cannot be waived as doing so requires "the district and the parent to agree" that the reevaluation is not necessary. 

Who are the required team members for a reevaluation? 

At a minimum, the federal regulations require that as part of any evaluation, the IEP team, and any other qualified professionals, as appropriate, review existing data on the child. This means that the minimum team requirement for a reevaluation is the student's IEP team, which would include input from the student's parent, special education service provider and general education teacher. 

If a student's IEP team includes more than one service provider, then all of those qualified professionals need to be part of the evaluation team.

For example, if a student has a primary disability of Speech/Language Impairment: Articulation and the only needs the student has are related to their speech articulation disability, then the evaluation team would consist of the speech/language pathologist, the general education teacher(s), and the parent. 

If, however, the student has a primary disability of Autism Spectrum Disorder (ASD) and has services in the areas of reading, communication, social skills, and occupational therapy, the evaluation would include input from all of those service providers, including someone licensed in the area of ASD, the general education teacher(s), and the parent. 

Input from all required team members must be documented in the evaluation report.