ADVOCATE LIKE A MOTHER: IEP EVALUATIONS

Understanding the process

BY MARIA GIANCOTTI, M.ED - STUDENT ADVOCACY MICHIGAN

Evaluations are an important part of the IEP process and can be very powerful. Good evaluations provide valuable information about a student and his or her needs at school. There are many laws, legal timelines, and requirements that must be followed in the evaluation process. Understanding the laws and parental rights can be helpful in navigating IEPs and evaluations. Let’s review both initial evaluations and reevaluations to better understand the process.

SCHOOL INITIATED EVALUATIONS

A school has a responsibility to help identify and evaluate children suspected of having a disability under the federal law called Child Find. The law, initiated by IDEA, requires schools to identify, locate, and evaluate all children with disabilities, from birth through 21 years of age, who are or may need special education and related services. These services are appropriate for students who may have academic, social, or behavioral concerns. In Michigan, the law applies to children up to the age of 25. The school district has a legal obligation to initiate the evaluation process when they suspect a child may have a disability and could need special education, and they must do this without unnecessary delay.

PARENT INITIATED EVALUATIONS

Parents can also initiate an initial evaluation for special education at any time. It is best to make these requests to the school district in writing. Once the request is made, the district has 10 days to respond. In most cases the district will conduct a REED (Review of Existing Evaluation Data) meeting to discuss the data currently available, what types of evaluations may be needed or to determine whether an evaluation is needed.

After the REED meeting, the team must provide a PWN (Prior Written Notice) to the parent outlining the evaluations to be performed, or an explanation of why they are refusing to administer an evaluation. If an evaluation is granted, parents must provide written consent to evaluate. The school district will then have 30 school days to complete the evaluation and provide a report. If no REED meeting is held, the school still has 10 days to respond and seek parental consent to evaluate.

REQUIREMENTS

It is important to note that the evaluation must be comprehensive and include assessments for all areas of suspected disabilities. Legally, a variety of assessment tools should be used to evaluate the functional, developmental, and academic abilities of the child. A single measure or assessment cannot be used as the only criterion determining if the child has a disability or to decide what educational program is appropriate. Information provided by the parents must be included in this process, so it is important for parents to provide detailed documentation in writing to the school about all areas of concern. Academic, social, and behavioral concerns are considered in the evaluation processes.

REEVALUATIONS

The law requires students with an IEP to be reevaluated at minimum every three years, unless the parents and school district agree it is not necessary. Evaluations cannot be done less than one year from the last evaluation unless the parents and school district agree more data is needed. It is important to keep track of evaluation dates and ensure your child is reevaluated at minimum every three years. When circumstance and concerns arise before the three year mark, parents have the right to request another evaluation and should take that initiative. Each IEP contains a set of goals the child works toward with the appropriate accommodations. Parents and school personnel can monitor student progress to further determine when and whether reevaluation is needed within the three-year period. The goals can and should change as the student progresses.

Evaluations can be powerful for parents if they understand their rights and how the process works. By getting good data and understanding how to use it, parents can really help better shape an IEP for their child. Always remember that parents are a part of the IEP team! Parental input and concerns should be heard. If you feel your child would benefit from an evaluation, act now. If you need guidance or assistance in this process, we are happy to help!