Karen: If a parent requests that their child not have a triennial evaluation, when is the next evaluation due? Three more years?
Re-Evaluations: PARENT REQUEST NOT TO REEVALUATE
Special Education Law and Advocacy
The IEP team is required to have a screening meeting to discuss concerns and present information as you suggest. The IEP team is not required to move forward with formal testing, unless determined it is necessary at the IEP screening meeting.
if a parent requests a formal reevaluation with psychological testing, is the district required to provide that assessment? or, can they meet to discuss the parents request, present data showing why additional testing is not needed, and write a prior written notice of their refusal to perform additional testing?
Deanna, 300.305(d) of the IDEA regulations say the school is required to evaluate if the parent requests an assessment.
Can a parent refuse consent for a reevaluation but still keep special ed services? The last reevaluation was a record review with no updated testing so now the data is 6 years old.
Eliza, IDEA rules do not require a district to reevaluate a student served by special education. They do require that every three years, the district do a review of existing evaluation data to determine if the student continues to have a disability, and continues to need special education services. 300.305 So if the answer is yes, formal reevaluations are not needed. But the parent has the right to request a formal evaluation. Your state parent training & information project is a source information & support if you need more. http://www.parentcenterhub.org/find-your-center/
When parents and staff agree that a re-evaluation is not needed, what, if any, paperwork has to be completed?
Barbara, IDEA rules say the school must notify the parents of this determination, and their rights to request an assessment. So the school should have a way to show this was done. Documentation in the IEP paperwork, or a separate form are ways to document this.
We tell parents and teachers, “If it isn’t in writing, it didn’t happen.” The school needs to document that the parents agreed that an evaluation is not needed.
Karen –
Yes, the next reevaluation would be “due” in 3 years. But the school (or parent) may take action before then, if they believe that the child’s needs warrant it.
IDEA requires reevaluation to occur AT LEAST every 3 years (unless the parent and school agree otherwise). It can happen earlier if the parent or school believes the child’s educational needs have changed. See § 300.303 of the IDEA regulations.
On a side note… if the school believes that a reevaluation is required(at the 3 year mark or at any time) but the parent refuses consent, the school may – but is not required to – request a due process hearing to move forward without parent consent. See § 300.300