Author: David Gardener, Esp.
Evaluations are the foundation of special education under the Individuals with Disabilities Education Act (“IDEA”). They determine whether a child is eligible for services, what those services should include, and whether those services remain appropriate over time.
School districts have an ongoing obligation to identify, locate, and evaluate children who may have disabilities. (20 U.S.C. § 1412(a)(3); 34 C.F.R. § 300.111). This obligation applies whether or not a parent has made a request.
This analysis is based on federal IDEA law, which applies nationwide. State law may provide additional protections, but it cannot reduce the rights provided under federal law.
Initial Evaluations (Eligibility Evaluations)
An initial evaluation is conducted to determine whether a child has a disability and qualifies for special education services. Parents have the right to request an evaluation at any time if they suspect their child may have a disability or require services. (34 C.F.R. § 300.301(b)). A request should be made in writing and should clearly state that the parent is requesting a full and individual evaluation under the IDEA.
The request should describe the concerns about the child’s performance, behavior, or development and should indicate that the evaluation should address all areas of suspected disability.
A written request creates a clear record and triggers the district’s obligation to respond. Once a request is made, the school district must either seek parental consent to evaluate or provide prior written notice explaining why it refuses. The district cannot delay or ignore a request.
Before conducting the evaluation, the district must obtain informed parental consent. (34 C.F.R. § 300.300(a)). After consent is provided, the evaluation must be completed within 60 days unless the state has adopted a different timeline. (34 C.F.R. § 300.301(c)).
The evaluation must be comprehensive. It must assess all areas related to the suspected disability and use a variety of assessment tools and strategies. (34 C.F.R. § 300.304(b), (c)(4)). It cannot rely on a single test or measure.
At the conclusion of the evaluation, a team determines whether the child is eligible for special education services. (34 C.F.R. § 300.306). If the child is eligible, an Individualized Education Program (IEP) must be developed. (20 U.S.C. § 1414(d)).
Reevaluations (Triennial Evaluations)
Once a child is found eligible and receiving services, the IDEA requires periodic reevaluations. These are commonly referred to as triennial evaluations.
A reevaluation must occur at least once every three years unless the parent and the district agree that a reevaluation is unnecessary. (34 C.F.R. § 300.303(b)(2)). The purpose of the reevaluation is to determine whether the child continues to have a disability, whether the child continues to need special education services, and whether any changes to services are required.
Reevaluations may occur as frequently as once per year if the parent or the school district requests one. (34 C.F.R. § 300.303(b)(1)).
Independent Educational Evaluations (IEEs)
If a parent disagrees with a school district’s evaluation, the parent has the right to request an Independent Educational Evaluation (“IEE”) at public expense. (34 C.F.R. § 300.502(b)).
When a parent requests an IEE, the school district must either agree to fund the independent evaluation or file for due process to defend its own evaluation. The district cannot simply deny the request without taking one of these actions.
The parent is not required to explain why they disagree with the district’s evaluation. (34 C.F.R. § 300.502(b)(4)). The results of an IEE must be considered by the IEP team when making decisions about the child’s program. (34 C.F.R. § 300.502(c)).
Evaluations Must Be Comprehensive
All evaluations conducted under the IDEA must meet specific legal standards. They must use a variety of assessment tools and strategies and must be sufficiently comprehensive to identify all of the child’s special education and related service needs. (34 C.F.R. § 300.304(b), (c)(6)).
Assessments must be administered by trained personnel, must be technically sound, and must not be discriminatory. They must be provided in the child’s native language or mode of communication. (34 C.F.R. § 300.304(c)).
The evaluation must address all areas of suspected disability, including academic, cognitive, communication, social and emotional, and physical or developmental needs as appropriate. (34 C.F.R. § 300.304(c)(4)).
Conclusion
The IDEA establishes multiple types of evaluations that serve different purposes, including determining eligibility, reviewing ongoing needs, and resolving disagreements about assessment results. Each type of evaluation plays a critical role in ensuring that a child’s educational program is appropriate and responsive to the child’s needs.
David Gardner is a dedicated special education attorney and co-founder of IEP Defenders. As the father of multiple children with special needs, David brings not only deep legal knowledge of IDEA, Section 504, and ADA, but a profoundly personal commitment to ensuring every child receives the education they deserve. He has built IEP Defenders into a nationally recognized firm for students and families.
