Initial Evaluations
The second step in the special education process under the I.D.E.A.
Evaluations are a fundamental part of the special education process, helping to make sure that parents, educators, healthcare providers, and others working to support children with disabilities understand each child’s unique learning needs. The Individuals with Disabilities Education Act (I.D.E.A.), a special education law that applies to every state, outlines important requirements and rights relating to the evaluation process—from the child’s initial evaluation to reevaluations as the child grows.
What is an Initial Evaluation?
The second step in the special education process is for the school district to provide the child with an "initial evaluation." This is the first testing that a child goes through when they are being considered for special education services. Under the I.D.E.A., there are three categories of evaluations: Initial Evaluations, Reevaluations (also called “Triennial Evaluations”), and Independent Educational Evaluations (also called “IEEs”). Below is a brief summary of each:
The second step in the special education process is for the school district to provide the child with an “initial evaluation.”
Initial Evaluations: A comprehensive assessment to help understand if a child qualifies for special education services and if so, what supports will meet the child’s needs.
Reevaluations (also called “Triennial Evaluations”): After a child qualifies for special education services, they must be reevaluated at least every three years (but can be reevaluated sooner) to make sure that the child receives the supports they need as they grow and change.
Independent Educational Evaluations (also called “IEEs”): Assessments done by an evaluator who does not work for the school district, if the parent disagrees with the school district’s evaluation.
Today’s newsletter will focus on initial evaluations, though we will deep dive into the other categories in a series of later newsletters.
The initial evaluation is made up of a variety of tests to comprehensively assess the child in any area of potential disability. Because every child is different, the evaluation will be tailored to their specific needs, meaning one child’s initial evaluation may look very different from another’s. The results of these assessments help the school district, parents, and other providers understand whether the child qualifies for special education services and if so, what kind of support the child might need.
School District’s Obligation to Comprehensively Evaluate in All Areas of Suspected Disability
Under the I.D.E.A., a public school district must “comprehensively evaluate” a child in all areas of suspected disability. This means that if a school district suspects, or should suspect, that a child has a certain disability, the district must evaluate the child in that area. For example, if a child appears to need support with social-emotional skills, speech and language, and fine motor skills, the school must evaluate the child in each of these areas. A formal diagnosis is not required before a child can be tested in a specific area.
The school district must follow specific rules when completing an initial evaluation. These rules require that public school districts:
Use a variety of assessments and strategies,
Evaluate a child’s functioning, development, and academics,
Consider information provided by parent,
Use “technically sound instruments” to assess cognitive, behavioral, physical, and developmental factors,
Use evaluation materials in a way that is not racially or culturally discriminatory,
Provide assessments in a language and format most likely to provide accurate information about what the child can do academically, developmentally, and functionally (unless this is not feasible),
Use evaluations and materials for the purpose for which they are valid and reliable,
Make sure that evaluations are given by trained and knowledgeable personnel,
Make sure that evaluations are given in accordance with instructions provided by the producer of the assessment,
Review any existing data about the child including, any evaluations and information provided by the parents, any current classroom, local, and state exams, as well as observations by teachers and related service providers,
The public school district cannot use a single measure or assessment as the only information to determine if a child qualifies for special education services or what services a child might need.
Note: If a child moves from one school district to another during the same school year, the two districts must work together to complete the evaluation process as quickly as possible. This ensures that the child can start receiving services without losing important learning time.
The requirements above are outlined by the I.D.E.A., but it is important to remember that states may have additional rules. For this reason it can be helpful to check with your local department of education or a legal expert in the area of special education to see if there are any additional requirements.
The Parent’s Right to Participate and Disagree
For some parents, the evaluation process can feel overwhelming and, sometimes, as if their child is being talked about more in terms of data and test results than as a child. It can be helpful for parents to remember that they are the experts when it comes to their child—they know details and nuances about their child’s needs in a way that no one else can. This is also why it is so important that parents share any information that might help the evaluation team better understand a child’s needs.
Although evaluations must be completed by someone who is trained to conduct the evaluation, the process requires close communication between the school district, parent, and any other supports the parent believes has valuable information (such as the child’s pediatrician). Under the I.D.E.A., parents have important legal rights throughout this process, including the right to provide information, review records, participate in meetings, and disagree with the evaluation. Below is a brief summary of each of these important legal rights:
Providing Information: Parents have the right to provide the public school district (and evaluator) with information about their child’s academic, behavioral, and/or social-emotional development. That said, it is important to know that although the school district must consider this information when completing the initial evaluation, the district might not agree with the information shared by the parent.
Access to Records: Parents also have the right to review all records relating to their child’s education, which can include formal evaluations, work samples, classroom assessments, attendance records, progress reports, and more.
Participation in Meetings: Parents have the right to participate in meetings relating to evaluations, as well as meetings about school placement and providing the child with a free appropriate public education (FAPE).
Independent Educational Evaluation (IEE): If a parent disagrees with the school district’s evaluation, they have the right to ask the school district to provide an “independent educational evaluation” (also called an IEE). We are going to talk about IEEs in a later newsletter, but for now, it is helpful to know that an IEE must be completed by a “qualified examiner” who does not work for the school district, and that the school district must make sure the IEE is provided at no cost to the parent. Although disagreeing with the school district’s evaluation does not guarantee an IEE, it is the first step to requesting one.
Tip: If a parent has additional information that they would like evaluators to consider, it is helpful to share that information in writing if possible. This might mean sharing documents by email (always keep the original copy), or asking other supports in the child’s life to write a letter explaining any additional information. For example, if a parent discusses concerns with their pediatrician, they can ask the doctor to write a letter with the relevant information and recommendations to share with evaluators.
Written Notice and Parental Consent Requirement
Before a school district can complete an initial evaluation, they must notify the parent about the evaluation. This notice must include:
Description about any evaluations that the school district would like to complete (or is refusing to complete),
Explanation about why the school district wants to take (or not take) a certain action relating to the initial evaluation,
Statement informing the parent that they have protections under the I.D.E.A.,
Sources that the parent can contact for help understanding the law,
Description of any other actions or options considered,
Description of any information relevant to the school district’s proposed action (or refused action) relating to the evaluation.
After a child has been referred for an initial evaluation, the school district must give the parent a copy of the I.D.E.A.’s “procedural safeguards.” These procedural safeguards outline parents’ legal rights and important processes.
In general, before a public school district can evaluate a child, they need to get permission from the child’s parent. This permission is called “informed consent.” According to the I.D.E.A. “informed consent” has several requirements, including but not only:
The school district has informed the parent of all information relating to the initial evaluation, in the parent’s native language,
The parent understands and agrees in writing to the initial evaluation,
The parent must understand that their consent is voluntary and can be taken back at any time.
If a parent revokes their consent to evaluate, this does not affect anything that happened before they took back that consent (such as if part of the evaluation was completed before the parent took back their consent). This revocation only applies to things going forward.
In general, a public school district needs informed consent from a parent before starting evaluations, although there are a few exceptions. It is important to understand that if a parent agrees to the initial evaluation, this does not mean the parent agrees to special education services. If the child qualifies for special education services, the school district must get separate informed consent for those services.
Important Timelines
As we talked about in last week’s post about Referral and Child Find, under the I.D.E.A., a public school district must evaluate a child within 60 days of the parent providing consent or if the state provides a different timeframe, within the state’s timeframe.
Some states provide timelines that are fewer than 60 days. For example, in Massachusetts, after the parent has agreed to the initial evaluation, the school district must provide or arrange for the evaluation within 30 school days.
Tip: Always check to see if your state is counting days as “calendar days” or “school days.” Whether your state uses calendar or school days can have a big impact on evaluation timing.
If you are unsure about your state’s timelines, it may be helpful to contact your local department of education or a legal expert in your state to ask how long the school district has after the parent consents to an initial evaluation and/or makes a referral to complete those evaluations.
What Happens After the Initial Evaluation?
After the initial evaluation is complete, the school district, parents, and possibly other supports (such as the child’s pediatrician) will meet to discuss the results and decide if the child qualifies for special education services. If the child does qualify, the parents, school district, evaluators, and others will work together to create a document called an "Individualized Education Program" (IEP) for the child. We will go into more detail about eligibility and IEPs in the coming weeks, but for now, it can be helpful to know that IEPs provide a detailed blueprint for the child’s special education services including current levels of performance, supports, classroom setting, and learning goals.
Key Takeaways
The initial evaluation is a crucial step in the special education process, and lays the groundwork for any special education services moving forward. But the evaluation process can also feel overwhelming, especially as a parent who may be unfamiliar with the process and evaluation language. This is why it is so important that parents, school districts, and others work together throughout the evaluation process. As a parent, it may be helpful to keep in mind that if anything at any point seems unclear, you have every right to ask questions or for a meeting to discuss. With so many moving parts, here a few key takeaways about initial evaluations:
The second step in the special education process is for the school district to complete an “initial evaluation” of the child,
The initial evaluation will be used to help understand if a child is eligible for special education services and what services are appropriate,
There are three types of evaluations under the I.D.E.A., the initial evaluation, reevaluations, and independent educational evaluations,
Under the I.D.E.A., public school districts must follow specific rules and procedures when completing an initial evaluation,
Under the I.D.E.A., parents have important rights throughout the evaluation process including the right to provide information, access educational records participate in meetings, and request an independent educational evaluation if they disagree with the school district’s evaluation,
Before a school district can evaluate a child, the district must provide the parent with written notice about the evaluation and get informed, written consent from the parent (consent must be in the parent’s native language).
A public school district must evaluate a child within 60 days of the parent providing informed consent or, if the state provides a different timeframe, within the state’s timeframe.
After a child completes an initial evaluation, the parent, school district, and possible others meet to talk about whether the child is eligible for special education services, and if so, what services will meet the child’s educational needs.
As always, thank you so much for all that you do every day on behalf of children with disabilities. I hope everyone has a wonderful rest of the week and look forward to connecting soon.
All the very best,
Ashley
Notes
34 C.F.R. § 300.304 - Evaluation procedures.
34 C.F.R. § 300.502 - Independent educational evaluation.