Carol: An evaluation was done in July 2013 and an IEP was generated for the 2013-2014 school year and then again for 2014-2015 and 2015-2016. My school district says that it is not time for the triennial evaluation until next year’s (2017-2018) IEP meeting? I would think since 3 IEP’s were generated off of the July 2013 evaluation that it is time for another?
Hi. Thank you for all this great information. What happens if the district does not complete a Triannual testing?
IDEA rules allow a district to do a review of existing evaluation data (REED) instead of a 3 year reevaluation. 300.305(a)
My son’s annual IEP review is set to take place in October 2023, right before his current IEP expires. The school wants to do a re-evaluation at the same meeting, even though he wouldn’t be due for his triennial re-evaluation until January 2024. Could I insist that the triennial re-evaluation be done in January 2024, even if we keep the IEP meeting in October 2023, or is it required by law that the annual IEP and triennial re-evaluation must be done at the same time when their deadlines are within a few months of each other?
If the Annual IEP is due before the TRIENNIEL REEVALUATION, BUT THEN the Reevaluation is late and therefore makes the Annual IEP late… IS THERE DOCUMENTATION THAT MUST BE GIVEN TO THE PARENT?
My son’s primary disability category id Intellectual disability. Is he by law entitled to a 2 year evaluation vs a 3 year evaluation?
For any child a re-evaluation may be done no more than once a year unless agreed upon by both parties. So in answer to your question, yes he (and any child) can have a redetermination after 2 years- but remember that may involve a records review and not formal testing. Sometimes when children receive formal testing, they no longer qualify for services.
Yes, I think you would be correct however this IEP will still stand until a new one is created. There would not be a time when this would end and there is now nothing in it’s place. The school is technically out of compliance if they do wait until the fall. You can meet with them in the summer as they are all still working except for the regular ed teacher and you can “sign them out” of the IEP meeting if you need to so it is legal. THe school has a form for this. I have met with IEP teams in the summer when needed.
Carol –
The re-evaluation should happen 3 years after the previous evaluation – so July 2016. And most districts I know would push it forward a bit, to get that IEP in place before the 2016-2017 school year.
If you can’t get the school’s position to budge on when the re-evaluation should be done (since, apparently, they can’t do simple math), you can ask that it be done “early.” IDEA permits parents or teachers to ask that evaluations be completed in any area (or all areas), when the student’s needs in that area have changed – see §300.303 of the IDEA regs.
When a parent requests the triennial testing be pushed up, does the district have to abide by any time frame? Does the 60 days apply? Or can they comply with the request in any amount of time?