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Student Project: Individualized Education Programs: Evaluation

This guide provides a collection of freely available web resources (as well as resources available through Westlaw and Lexis) that cover various areas of Individualized Education Programs, including eligibility and evaluation, the program creation process

Different Types of Evaluations

20 USC §1414

Initial Evaluation -

If either the parent or the school requests an evaluation, the school district shall conduct a full and individual evaluation to determine the child's eligibility. However, the evaluation may not be conducted without parental consent. Upon receipt of parental consent, the school district shall conduct the evaluation within 60 days or whatever timeframe is established by the State. Further, parental consent to the evaluation does not construe parental consent for placement for the receipt of special education services. If the parent wishes to receive special education services, the parent shall provide consent for placement subsequently and separately. 

Reevaluation - 

The school district shall reevaluate the child if the child's parent or teacher requests a reevaluation, or if the school district determines that the services received warrant reevaluation. Reevaluations shall not occur more than once a year or less than once every three years unless agreed upon by both the parent and the school district. 

34 CFR §300.502

Independent Educational Evaluation (IEE) - 

If the child's parent disagrees with any evaluation conducted by the school district, then the parent has a right to obtain an IEE. An IEE is an independent evaluation paid for by the school district and which is conducted by a qualified examiner not employed by the school district. 

Resources

 Rowley defined FAPE and was the first special education case decided by the Supreme Court. Rowley is precedent for all cases afterwards.