Evaluations under IDEA

• Informed parental consent required for evaluations
• If parent refuses to consent, school may request hearing
• 20 USC 1414(a)(D)

• Initial Evaluations:
• Made at the request of parent, Maine DOE, the school or other State agency (20 USC 1414(a)(1)(B))
• Timing: made within 60 days of receipt of parental consent unless state mandates other timeframe (20 USC 1414(a)(1)(C)(i)(I))
• Exception to timeframe: child transfer schools after original school receives parental consent but before the PET makes a determination of eligibility, and the new school is making sufficient progress to ensure the prompt completion of evaluations, and the parent and school agree to a specific time frame for completion of the evaluations
• Parent/child refuses to show for the evaluation
• 20 USC 1414(a)(1)(C)(ii)
• Must include procedures to determine if student is eligible for services and what the student’s educational needs are

• Reevaluations:
• Conducted when school determines child’s need warrant reevaluation or if requested by parent or teacher (20 USC 1414(a)(2))
• NOT more frequently than once a year, unless a parent and school agree to more
• AT LEAST every 3 years unless parent and school agree unnecessary
• 20 USC 1414(a)(2)(B)
• Discharge from Special Ed
• School must re-evaluate student before discharging from special ed unless student is discharged because of graduation or aging out
• 20 US 1414(c)(5)(A)

• General Information about Evaluations:
• Purpose: gather relevant “FAD” information in all suspected areas of disability (20 USA 1414(b)(3)(B))
• Functional,
• Academic and
• Developmental
• including that provided by parent - 20 USC 1414(b)(2)(A)
• Assess relative contribution of cognitive, behavioral, physical and developmental factors (20 USC 1414(b)(2)(C))
• No one single measure can be used as the sole criterion in determining eligibility 20 USC 1414(b)(2)(B)
• Must be administered in the language and form most likely to yield accurate information unless it is not feasible to do so
• 20 USC 1414(b)(3)(A)(ii)
• Copy of the evaluations must be given to the parent
• 20 USC 1414(b)(4)(B)
• Deciding what evaluations are needed
• PET decision
• PET must review, as appropriate, existing evaluations including those provided by parents, current assessments, classroom observations and observations by teacher and related service providers (20 USC 1414(c)(1)(A)) and on basis of that review determine what if any additional info is needed
• 20 USC 1414(c)(1)(B)