re-Evaluation/Waive Re-evaluation

Special Education Re-Evaluation

Decision-Making Flowchart

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

There are three options for teams to consider:

A reevaluation consisting solely of the use of existing evaluation data
A reevaluation including both a review of existing data and new data collected via necessary assessments
Waiving the reevaluation entirely, as agreed upon by the district and parent(s)

Before drafting a reevaluation plan, the evaluation team should use the Special Education Re-Evaluation Decision Making Flowchart to determine which of the three options is most appropriate. The page below outlines local procedures that should be followed when planning a reevaluation in each of the three options.

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

Re-Evaluation Decision Making Flowchart-MASTER (November 2023).pdf

Options for re-evaluation/waiving re-evaluation

Option 1: Re-evaluation: Review of Existing Evaluation Data

Option 2: Re-evaluation: New Data via Additional Assessments

Option 3: Waive an Evaluation

scroll down for additional information on determining appropriate option and subsequent steps

Essential Questions for Choosing an Option

The questions listed below are the essential questions that must be answered through the completion of any reevaluation, as indicated by federal and state requirements.

When determining what information and what additional assessment data may be needed, evaluation teams must ensure that the data available at the conclusion of the reevaluation will sufficiently allow the team to answer each essential question.

Consideration of each question and the data available to answer that question will help teams determine whether or not additional assessment data is necessary or if it may be appropriate to waive an evaluation all together.

What constitutes "existing data"?

Under federal law, existing data includes the following:

Evaluations and information provided by the student’s parents;
Current assessments (classroom-based, local, or State);
Teacher observation when the teacher is observing all students during their normal daily routine; and
Observations by teachers and related services providers that are conducted for the purpose of gathering progress data on the student’s progress toward IEP goals, in accordance with the progress measurement methods listed in the student’s IEP

Existing data also includes the student's most recent progress report and any other readily available data that would equip the team in making determinations regarding the essential questions below (i.e., Office Discipline Referrals (ODRs), report cards, state, district, attendance records, and other sources of existing information available for all students).

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:

the presence of a new or additional disability; or
the absence of a disability due to substantial progress and lack of discrepancy between current and expected performance

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.

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.

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:

is making adequate progress toward meeting their annual IEP goals (PROGRESS); and
is able to meaningfully participate, as appropriate, in the general curriculum, to the extent appropriate based on their individual circumstances (ACCESS)

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:

Do services need to increase? Decrease? Change?
Do IEP goals precisely target the student's needs?
Are the accommodations, modifications, and/or AT on the IEP sufficient in supporting access? Are there too many? Too few? Is the student accepting of current accommodations, modifications, and/or AT?

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

re-evaluation: review of existing evaluation data

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

It is essential that all relevant team members, including related or itinerant service providers and general education teachers, are involved in the review of existing data.
All team members need to review the data and then confer to verify that there is convergent data that supports a reevaluation consisting solely of a review of existing data is appropriate.
If all team members agree that the student's current special education program is working as it was intended and no new, previously unidentified needs are of concern, the team can then determine that a review of existing information is appropriate.
It is recommended that teams set up intentional time (via phone or video conference) to collaboratively have these discussions and make a decision.

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

Gathering parent input is a required component of any evaluation, including reevaluations. According to guidance from MDE, parent input is gathered before the PWN regarding the reevaluation is sent home. Note, this should not resemble a full, categorical interview form (i.e., the interviews we complete during a typical evaluation).
The following questions may be helpful in gathering meaningful parent input at this point in the process:
- 1. - Have you seen improvement in your child's performance during the past 3 years? (academic, social, emotional, behavioral, speech/language, etc)
    - Do you have any current concerns regarding your child's progress?
    - Have you seen any recent changes in your child's school performance? Please explain.
    - Has your child had any evaluations done outside of school?
    - Has your child received additional community services in the last 3 years? (Tutoring, counseling, behavioral, county case worker, etc.)
    - Have there been any significant events in the last three years that have affected your child's physical, emotional, or educational well-being?

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

Once the team has determined a reevaluation using existing information is appropriate, and parent input has been obtained, draft an Evaluation Plan/PWN and send home to parents

Step 4: Develop a Comprehensive evaluation report

The 30-day clock starts ticking when the district receives parental consent for the reevaluation or 14-days post-notification if the parents have neither consented, nor disagreed and/or requested additional assessments.

Example PWN for Re-Evaluation Consisting of a Review of Existing Data

ReEvalPlanPWN_ExistingDataExample.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

option 2

re-evaluation: New data via additional assessments

In cases when a team determines that new data is needed via additional assessments (i.e., a new disability category is suspected, previously unidentified needs arise, or the student is not making adequate progress despite attempts to intervene), then standard evaluation planning and notification procedures should be used. A comprehensive evaluation plan that includes all necessary tools should be completed and sent home to parents. Consent must be received or 14 days must lapse before the assessments can be completed.

option 3

agreement to waive an evaluation: when and why

The decision to waive an evaluation should be less commonly made than the other two options, but it is permitted under federal regulations. The Special Education Re-Evaluation 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 22.

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

Does the team have access to high quality progress monitoring data that is aligned to the needs addressed by each of the student's annual IEP goals?
Is the student making adequate progress toward meeting their IEP goals?
Are the student's skills, despite adequate progress, still discrepant from grade-level expectations (i.e., there is still continuing need and the team would not be considering dismissal)?
Is the student participating in the general curriculum to the extent appropriate, given the student's unique circumstances (i.e., some students may not participate in the general curriculum, but that might be appropriate, given their current present levels and needs)?

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

Before a review of existing evaluation data occurs (see below), the district and the parent may agree to waive the reevaluation entirely. This requires a direct conversation with the parent about the option to waive the reevaluation and why the district feels that option is appropriate.

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

Include all required information according to the prompts to ensure proper documentation for the decision.

Step 3: Obtain Consent

Once consent is received, file the document in the student's master special education file.
Note: If verbal agreement is obtained and documented on the Agreement form, but the parent does not return the signed consent and does not express disagreement, then the team can move forward so long as the Agreement form is filed in the student's special education file.

Step 4: Reconcile the SpEd Forms System

In order to keep the dates in SpEd Forms on track, an "evaluation date" must be entered.
To do this:
1. 1. 1. Finalize the last evaluation report
    2. Once finalized, click "New Evaluation Template" button
    3. Select the "Waive Reevaluation" Template in the Local Template
    4. Enter the date consent to waive the reevaluation was received
    5. Finalize with title "Waived Reevaluation." NOTE: There is no need to individualize any content in this template; it is solely to ensure that the SpEd Forms dates are correct.
    6. File in the student's master special education file.

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

Notice_of_Agreement_that_a_3_Year_Reevaluation_is_Not_Needed.pdf

following a waived re-evaluation annual IEP guidance

Following the decision that a 3 year re-evaluation was not needed, there’s no need to hold a special IEP meeting.
At the next naturally occuring IEP meeting, the IEP team needs to make sure that they address all areas of need in the IEP with a PLUMP PLAAFP. See PLUMP PLAAFP Guiding Document.
Why? When a reevaluation is completed, we are pulling together all the information we know about the student to describe their needs/skills to inform programming for the next 3 years.. If the team made the decision not to do the reevaluation, it’s because they determined they already have enough data to describe the student’s present levels in all areas. That data should be included in the new IEP’s PLAAFP.
The IEP PLAAFP should contain current, up-to-date data. Don’t include the data from 3 years ago (i.e., Do not copy/paste from the old evaluation into your IEP PLAAFP).
At the time you write this IEP and PWN, you will also need to include language related to not doing the 3 year re-evaluation in the PWN. Use the example provided below for a guide.

annual IEP Prior Written Notice Box 3 Example

You need to ensure the present levels are clearly identified, thoroughly described, and comprehensive in the PLAAFP of the IEP.

frequently asked questions

If the district and parent agree to waive the three year re-evaluation, when is the next re-evaluation date?

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 re-evaluation on December 11, 2020, then the student's next re-evaluation 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:

A classroom-based assessment of all students as part of a regular classroom management routine (i.e., it is not intended to gather student-specific data, but instead the student's adherence to those routines is observed as is the case for all other students in the class).
The observation is clearly articulated as a method for gathering progress monitoring data on a student's annual IEP goal; the observation, including the person responsible and the frequency is specifically stated in the student's IEP.

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 re-evaluations 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 re-evaluation 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.

Can we do a re-evaluation 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 re-evaluation 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.

Who are the required team members for a re-evaluation?

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.

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