Special Education:
Children suspected of having disabilities must be tested prior to receiving special education. This testing is called an evaluation. A full evaluation must be completed and an Individualized Education Program (IEP) developed before a student is placed in a special education program. After the initial evaluation, the child must be reevaluated every three years. However, the reevaluation need not include any additional testing if the IEP team decides that no further data is necessary. A parent or teacher may request more frequent evaluations, if needed.
The purpose of an evaluation is :
WHAT IS AN INITIAL EVALUATION?
The initial evaluation is the first time a child is being evaluated for special education. Parents have the right to give or refuse consent for this evaluation. If a parent refuses consent, the school district may use mediation or due process hearing procedures to pursue an evaluation. See Resolving Disagreements for more information about mediation and due process hearings.
WHAT MUST BE INCLUDED IN AN EVALUATION?
To determine a child's eligibility and special needs, more than one test or evaluation must be given. The tests must not discriminate by race or culture and must be given in the child's primary language unless it is clearly impossible to do so. For example, a child who primarily communicates through sign language must be provided with an evaluator who signs or a sign language interpreter. Children who primarily speak in a foreign language, such as Spanish, Russian or Vietnamese must be tested in that language. The evaluation should include observations by all persons who are familiar with the child, such as parents, teachers and caregivers.
The child must be evaluated in all areas related to the suspected disability which may include:
WHAT IS DONE WITH THE EVALUATIONS?
The evaluators must prepare a written report with the results of the evaluation. Then the IEP team meets to review evaluation results and make decisions about a student's eligibility for special education. The IEP team includes parents and someone who can explain evaluations and what the results mean for your child's education. See Step 3: The Individualized Education Program for a list of other IEP team members.
HOW QUICKLY SHOULD THE EVALUATION BE COMPLETED? 16
Evaluations must be done "within a reasonable time period" and "without undue delay." The Oregon Department of Education has found 90 days from evaluation referral to eligibility decision to be reasonable. In certain circumstances, some courts have required evaluations to be completed within 30 days.
WHAT IS REEVALUATION?
The IDEA requires a re-evaluation at least every three years for each child receiving special education to decide if the child is still eligible for these services. The child can be evaluated before three years if the parents or teacher have concerns that warrant more evaluations. Congress did not want children to be tested unnecessarily if current data showed the child's disability had not changed. Parents are part of the team that decides whether a full reevaluation is needed, if none is needed at all, or if only some testing is required. However, if parents want their child fully tested, the team cannot say no. Parents must give their consent for their child to be reevaluated, unless the school district can show that it tried several times to get parent consent but got no response from the parents.
The team can make any evaluation process more meaningful by giving a list of questions to the evaluators. Answers to focused questions, such as these, can help the IEP team in planning for the child's education.
WHAT IS AN INDEPENDENT EDUCATIONAL EVALUATION?17
Parents who disagree with the results of school district evaluations have the right to request an independent educational evaluation at school district expense. If the school district disagrees with a request for an independent educational evaluation, the school district may request a due process hearing. Should the hearing officer find that the school district's evaluation was appropriate, the school district will not have to pay for the independent evaluation. Parents still have the right to an independent evaluation, but not at school district expense. Schools must maintain a list of independent evaluators and provide it to parents on request. Parents, however, are not required to use an evaluator on the school district list. The school district must consider any evaluation offered by the parents in making IEP and placement decisions.
After a parent requests an independent evaluation, the school district must give the parent information about where an independent evaluation may be obtained, and a list of district criteria for independent evaluations. These criteria, including the location of the examiner, and the qualifications of the examiner, must be the same as those the district uses when it evaluates a child. However, the criteria cannot be so restrictive that they prevent the parent from getting a meaningful independent evaluation.
In selecting an independent evaluator, parents should make sure the evaluator understands the parents' concerns. Prepare questions about the area of disagreement for the evaluator to answer. See examples above. The independent evaluator should be prepared to back conclusions and recommendations if called to participate in an IEP meeting or hearing.
WHAT ARE MY EVALUATION RIGHTS?18
Parents have the right to consent or refuse consent for the initial evaluation. Anytime a child is evaluated, State law requires school districts to get parent consent before giving the child an individual intelligence test or personality test.
Parents have the right to get written notice before any evaluation or reevaluation of their child. See Notice Rules.
Parents may request an independent evaluation, if they disagree with an evaluation conducted by the school district, or if the district fails to conduct requested evaluations within a reasonable amount of time.
Parents have the right to receive a copy of the evaluation report and documentation of determination of eligibility.
Parents have the right to review and correct their child's school records. School records include evaluation results. In most circumstances, schools must get a parents written consent before releasing the child's records. See FERPA.
Parents may request mediation, write a letter of complaint, or request a due process hearing to resolve any disagreement involving evaluations. See Resolving Disagreements.