The Evaluation Process

The Evaluation Process Federal Law – IDEA • All eligible students, ages 3-21, are entitled to a free and appropriate public education (FAPE) in the least restrictive environment (LRE) • Supports and services designed to meet the student’s individual needs as designated in the student’s IEP Montgomery Law | www.ed-law.com

The Evaluation Process 20 USC § 1401 – Definitions • (29) Special Education • The term “special education” means specially designed instruction, at no cost to parents, to meet the UNIQUE needs of a child with a disability, including: • instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings Montgomery Law | www.ed-law.com

The Evaluation Process Interventions in general education • special education not the first stop Montgomery Law | www.ed-law.com

The Evaluation Process Working together: • The IDEA requires school officials to work with parents to develop IEPs for all children in need of special education and related services • Before IDEA, district’s could make decisions (placement and otherwise) unilaterally without parental input. Montgomery Law | www.ed-law.com

The Evaluation Process 20 USC 1414 – Evaluations, eligibility determinations, IEPs, and educational placements • Request for initial evaluation (a)(1)(B) • A parent or the LEA may initiate a request for an initial evaluation to determine if the child is a child with a disability • (D) Consent • (i)(I) Parental consent for evaluation shall not be construed as consent for placement or for receipt of special education and related services. Montgomery Law | www.ed-law.com

The Evaluation Process Child Find: There is an affirmative obligation on the LEA to establish a procedure to make certain that all children with disabilities are properly identified and evaluated to determine whether they are entitled to receive special education. • Identify  Locate  Evaluate: how far do they have to look? • Before providing special ed services, a thorough evaluation must be completed. • Reevaluations Montgomery Law | www.ed-law.com

The Evaluation Process • Evaluations must be completed within 60 days from the time in which parental consent is received (or within the requirements set by the state – whichever is less time). • Uncooperative Parent • Summer • Extent of evaluation: in conducting evaluations, school officials must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent .. In all areas of the suspected disability • “unique needs of the child” Montgomery Law | www.ed-law.com

The Evaluation Process Montgomery Law | www.ed-law.com

The Evaluation Process If child is eligible for special education services, an IEP is developed by the IEP team: • Must include all of the mandated components and… • Provide for the meaningful participation of the parent Montgomery Law | www.ed-law.com

The Evaluation Process Independent Evaluations (IEEs) • If a parent is not satisfied with the outcome of the LEA’s evaluation, they now have the right to request an IEE of their child • Public expense v. Insurance • More than just a second look • “appropriate” • When a district does not want to provide IEE • Always have the right to an Independent Evaluation • Prior notice • “consider” • One (1) IEE Montgomery Law | www.ed-law.com

The Evaluation Process Special Considerations / AT • Consider the need for assistive technology devices and services: • To meaningfully participate in the general education curriculum • Participate in school and extra curricular activities • To access necessary educational/print materials • For written communication/computer access • For augmentative communication • To participate in state and local assessments The law makes it clear that the purpose of AT is to improve the functional capabilities of the child with a disability Montgomery Law | www.ed-law.com

The Evaluation Process Special Considerations / AT • The IEP team will: • determine if the use of school purchased AT devices can be used in the home if needed for FAPE • May include providing AT devices or software when needed for homework, or for functional skills necessary across environments, such as communication using an augmentative / alternative communication (AAC) device It is the responsibility of the local educational agency (LEA) to provide the assistive technology and services identified in the IEP Montgomery Law | www.ed-law.com

The Evaluation Process Parent right to revoke supports/services • Parents can remove special education supports and services for their child at any time by putting request in writing to the school • Parents are not able to select the supports/services they wish to remove. All supports and services will be removed. • The school may not challenge the decision via due process • Within 10 calendar days of receiving parent written request to remove services NOREP issued • The school is not obligated to amend the student’s records or remove any reference to special education Montgomery Law | www.ed-law.com

The Evaluation Process Moving from out of state: • No requirement that a new “initial evaluation” be completed • IEP must be comparable • If IEP team determines that additional data is required, it would now be considered an initial evaluation and those rules would apply Montgomery Law | www.ed-law.com

The Evaluation Process Things to remember: • Assessments must address all areas of suspected disabilities • IEPs can be invalidated if they are not derived from appropriate evaluations • IEP must be developed within 30 calendar days after evaluation or reevaluation report is completed • Parents can revoke services at any time Montgomery Law | www.ed-law.com

The Evaluation Process