Research Guides: Student Project: Individualized Education Programs: Evaluation

Different Types of Evaluations

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.

Private vs. School Evaluations: Pros and Cons

Resources

Rapp, Education Law - § 10C.05 Identification, Location, and Evaluation of Children with Disabilities
67B Am. Jur. 2d Schools § 406 Initial Evaluation
The Law of Evaluations Under the Idea: An Annotated Update
3 Americans with Disab.: Pract. & Compliance Manual § 11:216. Initial evaluations
Guidelines for Assessment of and Intervention With Persons With Disabilities "The goal of these Guidelines for Assessment of and Intervention with Persons with Disabilities is to help psychologists conceptualize and implement more effective, fair and ethical psychological assessments and interventions with persons with disabilities."
Construction and Application of 34 C.F.R. § 300.502, and Prior Codifications, Providing for Independent Educational Evaluation under Individuals With Disabilities Education Act "Where a parent of a child with a suspected educational disability disagrees with a local educational agency either on a determination regarding the child's eligibility for special education services or on the scope or particulars of a proposed plan of services resulting from the agency's evaluation, the...(IDEA)...provides procedural safeguards for the benefit of the child and parents...[A] parent who disagrees with the public agency's evaluation has the right to obtain an...(IEE) at public expense..."
Independent Educational Evaluations at District Expense Under the Individuals with Disabilities Education Act, 38 J.L. & Educ. 223 (2009) "The 2004 reauthorization1 of the Individuals with Disabilities Education Act (IDEA) legislation left unchanged the brief provision according parents the right to obtain an “independent educational evaluation” (IEE) as one of their notable procedural safeguards without further specifications such as a definition or standards."
INDEPENDENT EDUCATIONAL EVALUATION REIMBURSEMENT UNDER THE IDEA: THE LATEST UPDATE "The purpose of this article is to provide a practical legal checklist...concerning independent educational evaluations (IEEs) at public expense."
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities: Manifestation Determination Review

Special Education Programs by Ada L. Vallecorsa; Laurie U. DeBettencourt; Elizabeth Garriss "This book shows how evaluation information helps you: *Document needs and support requests for resources..."
ISBN: 0803960344
Publication Date: 1992-10-06
Essentials of Idea for Assessment Professionals by Guy McBride; Ron Dumont; John O. Willis; Alan S. Kaufman (Series edited by); Nadeen L. Kaufman (Series edited by) "To understand [IDEA] thoroughly, school psychologists, teachers, and other school service providers need a comprehensive resource to guide them in what this frequently amended Act means and how it should be interpreted."
ISBN: 0470873922
Publication Date: 2011-06-07
Alternate Assessment by Harold L. Kleinert; Jacqui Farmer Kearns
ISBN: 9781557664969
Publication Date: 2001-04-01
"Alternate assessments are now mandated for students unable to participate in large-scale educational assessments. Aimed at educational professionals, this work presents specific strategies for implementing alternate assessments and evaluating student abilities in multiple settings."
Addressing Student Problem Behavior: An IEP Team's Introduction to Functional Behavioral Assessment and Behavior Intervention Plans. Second Edition. by Institute of Education Science "This paper provides guidelines for conducting a functional behavioral assessment and developing positive behavior intervention plans with students who have behavior disorders or other disabilities in the context of requirements of the 1997 Amendments to the Individuals with Disabilities Education Act (IDEA)."
Publication Date: 1998

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