A SPECIAL EDUCATION GUIDELINE FOR
THREE-YEAR REEVALUATIONS
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TO:
FROM:
RE:
DATE:
Principals, SAT Members, Unique Learners Professional Staff
Kim Gibbons and Jeff Menigo
Three-Year Special Education Reevaluations
August 2005
Introduction
The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on
December 3, 2004, by President Bush. This reauthorization is referred to as the Individuals
with Disabilities Improvement Act (IDEA 2004). Many provisions of the act went into effect
on
July 1, 2005 including changes in requirements for special education reevaluations. This
guideline does not address changes that may be made by the final regulations of IDEA 2004 or
how the Minnesota Department of Education will interpret federal law into state statute or rule.
Most school districts within the St. Croix River Education District (SCRED) have special
education due process paraprofessionals who have the responsibility of documenting time lines
and other due process requirements associated with reevaluations. A separate due process
activity list, Conducting a Special Education Reevaluation or Transition Evaluation, has
been developed and is used to document required activities.
This guideline also pertains to transition evaluations required for all special education students
before they turn age 14 or before they enter the ninth grade. Frequently, the time sequence to
complete a special education reevaluation and the need for a transition evaluation do not match.
Therefore, a transition evaluation conducted separately from the reevaluation should follow the
same process and procedures as the reevaluation due process requirements.
Reevaluation Requirements
1. The due process paraprofessional has the responsibility to notify Individual Education Plan
(IEP) managers three months before a special education reevaluation or transition evaluation
is due. The ultimate responsibility to fulfill reevaluation requirements, however, is with the
IEP manager and special education team.
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Special education reevaluations are required every three years to focus primarily on student
needs, existing data, and progress on IEP goals. Special education evaluation teams must
provide pertinent data from applicable sources when making decisions on reevaluations.
Student data needs to be documented when determining if the student continues to have a
disability and whether there is a continuing need for special education services. As a result, it
becomes critical that service providers consistently collect and monitor performance based
data to determine student progress towards IEP goals.
Note: IDEA 2004 states that a reevaluation for each child with a disability is to be conducted
if the educational or related services needs, including improved academic achievement and
functional performance, of the child warrant a reevaluation or the child’s parents or teacher
requests a reevaluation. However, a reevaluation shall occur not more frequently than once a
year, unless the parent and the district agree otherwise; and at least once every three years,
unless the parent and the district agree that a reevaluation is unnecessary.
The student’s IEP team and/or reevaluation team needs to determine if a reevaluation is
necessary. The following conditions or situations may constitute a need for a reevaluation:
 When the team is considering eligibility for a new special education disability
category;
 The student is not making adequate progress on established goals after a number of
intervention changes;
 When the student’s age or grade placement warrants a transition evaluation;
 When the parents request a reevaluation.
2. The need for a student to receive a special education reevaluation or transition evaluation is
presented and discussed and processed at the building level Student Support Team (SST).
An
evaluation manager is assigned at the SST meeting (the reevaluation team must include a
person licensed in the area of the student’s disability).
3. The student’s parents are sent Notice of Team Meeting: Evaluation (to discuss
development of an evaluation/reevaluation plan). Best practice includes attempting to
contact
parent by phone and then sending out notice (attempt to notify parent 7-10 days before the
meeting).
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Note: There is no “legal” requirement to conduct evaluation/reevaluation planning meetings.
The decision to formally hold such meetings should be made at the building level. It is
recommended that such a meeting be held for all initial evaluations or for students new to the
district or building. This is to acquaint parents and students with the process and staff
involved. It may also be beneficial to hold evaluation/reevaluation planning meetings when
the case is complex or when parents request.
Parents always have the legal right to request a full comprehensive evaluation. Teams are
encouraged to use professional negotiating skills to explain the rationale behind
recommendations for the scope of the evaluation. Sharing with parents the existing
performance data may help to clarify differences and arrive at an agreement regarding the
reevaluation.
4. The reevaluation team meeting is held to decide what data needs to be collected or if there is
no need for further evaluation data. If the decision is to collect evaluation data, send/provide
parents with Notice of an Educational Evaluation/Reevaluation. If the decision is no need
for further evaluation data, send/provide parents with Notice of Educational
Evaluation/Reevaluation and check (Based on a review of existing data regarding your
child, additional testing is not needed to confirm that your child continues to have a
disability
and continues to be in need of special education services).
Review of Existing Data Evaluation Data Requirements
IDEA 2004 states that as part of any reevaluation, the IEP team and other qualified
professionals, as appropriate, shall review existing evaluation data on the child, including:
a. evaluations and information provided by the parents of the child;
b. current classroom-based, local, or State assessments, and classroom-based
observations;
c. observations by teachers and related services providers;
and on the basis of that review, and input from the child's parents, identify what additional data,
if any, are needed to determine:
a. whether the child is a child with a disability and the educational needs of the child, or,
in case of a reevaluation of a child, whether the child continues to have such a
disability and such educational needs (Evaluation teams must address all disability
criteria components in the ESR. In addition, teams need to use functional assessment
and performance based data to determine if a discrepancy continues to be indicative
of a disability.);
b. the present levels of academic achievement and related developmental needs of the
child; (e.g. use student performance based data, observations, and review of student
records)
c. whether the child needs special education and related services, or in the case of a
reevaluation of a child, whether the child continues to need special education and
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related services (e.g. review performance based data and determine level of IEP goal
attainment and overall student progress and whether any additions or modifications
to services are needed to enable the child to meet the measurable annual goal(s).);
and
d. whether any additions or modifications to the special education and related services
are needed to enable the child to meet the measurable annual goals set out in the
individualized education program of the child and to participate, as appropriate, in the
general education curriculum.
Requirements if Additional Data Are Not Needed
If the IEP team and other qualified professionals, as appropriate, determine that no additional
data are needed to determine whether the child continues to be a child with a disability and to
determine the child's educational needs, the IEP team shall notify the child's parents of:
a. that determination and the reasons for the determination; and
b. the right of such parents to request an assessment to determine whether the child
continues to be a child with a disability and to determine the child's educational
needs; andshall not be required to conduct such an assessment unless requested to by
the child's parents.
The above decisions are based on professional judgment utilizing student performance based
data, information provided by the student's parent(s), classroom-based assessments and
observations, observations by teachers and related services providers, and review of student's
school records. If the IEP team identifies the need for additional data, the evaluation is
customized to answer the specific area of concern. Based on unanswered instructional
questions the team may recommend the use of specific tests or evaluation procedures.
The reevaluation team must document attempts to obtain parent’s written permission before
a
reevaluation can be conducted, otherwise the reevaluation can begin if there is no response
from the parent after 14 school days elapse after parent receipt of notice. The reevaluation
must be completed within 30 school days.
5. Parents are sent the Notice of Team Meeting: Evaluation (to discuss evaluation results
and determine if your child is eligible for special education services). If it is likely that a
revised
Individual Education Plan (IEP) will be developed, also check (to consider development of
an
Individual Education Plan (IEP) or Individualized Family Service Plan (IFSP) or when
adding
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transition goals or activities (to consider secondary transition needs, services, and
development
of a transition plan). Best practice includes attempting to contact parent by phone and then
sending out notice (attempt to notify parent 7-10 days before the meeting).
Note: The student must also be invited to any team meeting where transition will be
discussed. If the student does not attend the IEP meeting, the IEP team must
take other steps to ensure that the student’s preferences and interests are
considered.
The IEP team, to the extent appropriate, with the consent of the parents or
eligible student (has reached age 18), must invite a representative of any
participating agency that is likely to be responsible for providing or paying for
transition services.
6. The reevaluation team must complete an Evaluation Summary Report (ESR). The date of
the ESR must be on or before the date of the 30 school day evaluation completion date.
Parents are provided a copy of final ESR no more than 10 school days after evaluation
review meeting.
7. When a revised IEP is developed it must be written (written and sent to parents) within a
reasonable amount of time (within 10 school days) after the IEP planning meeting.
When the revised IEP is developed, send parents copy of the new IEP and Notice of
Proposed Action or Denial (Your child’s IEP, IFSP, or IIIP is changed as noted below. The
school district will proceed with this change unless you object in writing within 14 calendar
days of receiving this notice).
8. Permission form signed by parents returned. Begin services (services can begin for
continued placement if no response from parent after 14 calendar days elapse after
parent receipt of notice).
Procedures for Evaluating a Child Suspected of Having a Specific Learning Disability
IDEA 2004 states that when determining whether a child has a specific learning disability the
district is not required to consider a severe discrepancy between achievement and intellectual
ability in oral expression, listening comprehension, written expression, basic reading skill,
reading comprehension, mathematical calculation, or mathematical reasoning. The district may
use a process that determines if the child responds to scientific, research-based intervention as
a part of the evaluation procedures.
See separate guideline with reference to conducting evaluations and reevaluations for students
with a specific learning disability.
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Exception to Requirements for Reevaluation Before a Change in Eligibility
A reevaluation is not required before the termination of a child's eligibility if the termination of
eligibility is:
 Due to graduation from secondary school with a regular high school diploma; or
 Because the child exceeds the age of eligibility for a free appropriate public education
under state law (ages out).
For a child whose eligibility under IDEA terminates under circumstances described above, the
district must provide the child with a summary of his or her academic achievement and
functional performance, including recommendations on how to assist the child in meeting
postsecondary goals. (A template will be released in 2006 for districts to use to meet this
requirement.)
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