REEVALUATIONS FOR SPECIAL EDUCATION

The Reevaluation Process

In order to ensure eligible individuals continue to be eligible to receive special education services and that their unique educational needs are being appropriately met, reevaluations are required at a minimum, every three years.  Iowa Rules of Special Education require that a reevaluation must occur at least once every three years, unless the parent and the public agency agree that a reevaluation is unnecessary.  When the AEA, School District and parents agree that continued eligibility for the learner is not in question and are able to determine the educational needs of the learner without a reevaluation, the team can agree that a 3-year reevaluation is not needed.  If the team is in agreement, the decision is documented in the statewide IEP system. More information on the process for determining a reevaluation if a reevaluation is necessary is provided here.

The reevaluation process includes the review of existing information and if necessary, or requested, the collection of additional data.

A reevaluation may be required sooner than every three years if the:

• Learner's parent or teacher requests a reevaluation,
  • Unless one has been completed in the last calendar year and the public agency determines one is not needed. Issuance of a PWN is required.
• If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation,
• IEP team will be considering whether a learner is no longer an eligible individual, or
• The available data for a learner transferring from out-of-state is insufficient to establish eligibility for special education in Iowa and/or to develop an Iowa IEP.

The reevaluation process and the IEP meeting with the parents must be held on or before the three-year anniversary date of the last evaluation.

NOTE:  If the reevaluation due date is close to the due date of the annual review, make every effort to consolidate these meetings for the child.  Both due dates (annual and reevaluation) must be met, so the earlier of the two dates is the target for the meeting.  For example, if the review is due April 15th and the reevaluation is due May 15th, you may combine them but the meeting must be held by April 15th or the annual review is late.

Initiating the Reevaluation Process

Once the reevaluation process has started, members of the IEP team and other qualified professionals, as appropriate, review existing evaluation data on the student, including:

• Evaluations and information provided by the parents of the child, 
• Current classroom-based, local, or state assessments and classroom-based observations, and
• Observations by teachers and related services providers.  

On the basis of that review, the team identifies what additional data, if any, are needed to determine:

1. Whether the learner continues to have a disability and the educational needs of the learner
2. The present levels of academic achievement and related developmental needs of the learner
3. Whether the child continues to need special education and related services
4. Whether any additions or modifications to the special education and related services are needed to enable the learner to meet the IEP goals and to participate and make progress in the general curriculum or, in the case of a preschool learner, whether any additions or modifications are needed to meet the IEP goals and participate in appropriate activities.

Additional data includes qualitative and quantitative information. It may also include assessment and evaluation information related to the following domains: academic, adaptive behavior, social emotional behavior, communication, health, hearing, vision, and physical. The RIOT (review, interview, observe, and test) process will be used to collect additional information, which will ensure the consideration of multiple sources of data.

When No Additional Data is Needed

If the IEP team determines that no additional data is needed, the Prior Written Notice of Reevaluation must be completed in order to inform parents of:

• The determination that no additional data are needed and the reasons for the determination.
  • The LEA and AEA are not required to conduct additional assessments unless requested to do so by the parents.
  • Parents are not required to sign the Prior Written Notice of Reevaluation form, as no additional assessment procedures are being requested.
• Parents must be notified of their rights as parents to request additional assessments to determine whether the child continues to be a child with a disability, has a need for special education and related services, and identifying appropriate services in the IEP. 
• A copy of the Procedural Safeguards Manual for Parents should be made available and reviewed with the parents either in person or via phone.

When Additional Data is Needed

If the IEP team determines that additional data is necessary, then the following must be done:

• Internal or External professionals are assigned to the reevaluation domains where additional information is needed.  AEA staff most often fill evaluator needs, but on occasion an outside provider is utilized.
• The Consent for and Prior Written Notice of Reevaluation must be completed and parental consent to evaluate must be obtained and documented by the signature on this form.
• A copy of the Procedural Safeguards Manual for Parents should be made available and reviewed with the parents either in person or via phone.
• Parents must be notified of their right to request assessments in addition to those proposed if they so desire.

When Additional Information is Needed and Parent Refuses

If the IEP team determines that additional assessment is necessary, and the parent refuses to provide the signed consent, the following steps should be followed:

1. The LEA/AEA staff will contact the parent to discuss their concerns with the reevaluation process. This contact may be made by any appropriate member of the IEP team.
2. If the parent refuses to consent to the reevaluation and the IEP team has decided that additional assessment information is essential, the following options are available but should only be pursued with the knowledge and support of the AEA Director of Special Education or designee.
   1. Pursue the reevaluation by utilizing the procedural safeguards including mediation. (This is not an option for children who are homeschooled or placed in private schools by their parents at their own expense.)
   2. Decline to pursue the reevaluation with the belief that it does not violate its obligations. 
3. If reasonable efforts have been made and documented to obtain parental consent and the parent has failed to respond, a reevaluation may be conducted without parental consent.
   

Note: Efforts made to contact parents should be documented. Which may include: 

• Detailed records of phone calls made or attempted and the results
• Copies of correspondence sent and any responses received
• Detailed records of visits made to the home and the results 

Completing the Reevaluation Process

Difference of Opinion

If a difference of opinion arises during an evaluation or reevaluation and the difference of opinion can be completed before the evaluation is due, no further procedural steps are required. The IEP team will make a determination of whether there is continued eligibility, determine appropriate educational needs, and proceed accordingly.

If a difference of opinion arises during a reevaluation, the IEP team will need to determine if there is sufficient information to make a determination of continued eligibility and educational needs. If the child is determined to continue to be an eligible individual, the team will develop an IEP. At any time, the parent may choose to exercise their procedural safeguards to dispute the IEP team decision. 

For more information, see the Dispute Resolution webpage, which goes into further detail on resolving differences of opinion.

Additional Information: Data Collection Outside of Evaluations or Reevaluations

Occasionally, additional information from a specialist or team of specialists (AEA staff or outside professionals) is necessary to support instructional planning and decision-making. This type of data collection may be part of the initial evaluation process or a reevaluation, and teams will follow the same procedures as for Initial or Reevaluations. Other times, this data collection may be conducted outside of an Initial or Reevaluation, where informed consent is not required. You can find more information on parental consent and consent requirements by clicking here. 

Upon collection of additional information outside of the Reevaluation, the IEP team, including the parents, must take these data results into consideration when instructional decisions are made. If results indicate the need for instructional changes, an amended or review IEP would be developed.

Determining if a Reevaluation is Necessary

As noted above, teams can forgo completing the reevaluation process if the parent and public agency (AEA and LEA) agree a reevaluation is unnecessary. There are multiple considerations teams must be aware of to determine whether a reevaluation is necessary or if it would be appropriate to not conduct the upcoming reevaluation. 

Purpose of Reevaluation: 

A reevaluation will determine the following: 

• Whether the learner continues to have a disability and the educational needs of the learner
• The present levels of academic achievement and related developmental needs of the learner, 
• Whether the learner continues to need special education and related services, and
• Whether any additions or modifications to special education and related services are needed to enable the learner to meet the IEP goals and participate in the general curriculum (or in the case of a preschool learner, whether additions or modifications are needed to meet the IEP goals and to participate in appropriate activities). 

If a team, including parent(s), determines a reevaluation is not needed, it means they agree a comprehensive review of existing data (or collection of additional data) is not needed to identify the above points. If the team is unable to answer the above without a comprehensive review of existing data, or collection of additional data, a reevaluation is necessary. 

Reevaluation Considerations

The AEA, in conjunction with the LEA, determine if: 

• The parent (or other IEP Team members) have any concerns
• The learner is being considered for a dismissal from services; 
• At the time of the last reevaluation, the team determined one was not needed; and
• A review comprehensive of existing data, or additional data collection, is needed to determine the learner’s progress, performance, and needs to confirm continued eligibility and/or to determine the student’s educational needs. 

If any of the above are true a reevaluation would be necessary.

Questions to Consider

The following are questions the team should be able to answer for the learner’s progress, performance, and needs to confirm continued eligibility and to create an adequate IEP.

For Determining Progress: 

• Has progress monitoring been occurring as listed in the IEP?
• Is the learner making adequate progress on IEP goals?
• Is the learner making adequate progress in the general education curriculum?
• If the learner is not making adequate progress, does the team know how to resolve this?

For Determining Performance: 

• Are the learner’s skills, despite adequate progress, still discrepant from grade-level expectations? 
• Does the team know the extent of the discrepancy between the learner’s performance and expectations/grade-level expectations?
• If the learner’s skills are no longer discrepant, does the learner still need specially designed instruction or related services to continue to meet grade-level standards?

For Determining Needs: 

• Is the learner participating in the general curriculum to the extent appropriate, given the learner’s unique circumstances?
• Has the team determined the learner does not have new concerns which would require reviewing or collecting additional data?
• Can the team identify all services needed for the learner’s IEP?

If the team is unable to identify the above without a comprehensive review of data (or collection of additional data), a reevaluation is necessary. However, if the team is confident a review of data is not needed, then it would be appropriate to determine a reevaluation is not necessary. 

Documenting a Reevaluation is Unnecessary

After it has been determined a reevaluation is not needed, the above decisions will be documented in the Prior Written Notice of Agreement that Reevaluation of Special Education is Unnecessary. In addition, the AEA will document the team’s conclusion regarding the learner’s eligibility for special education. Once the PWN has been finalized, the form must be provided to parents, along with the Procedural Safeguards Manual in a timely manner. 

Next Reevaluation Date: 

The date the PWN Agreement is “finalized” will reset the next Reevaluation Due Date (three years). Reevaluations may be completed earlier than three years if the public agency determines that the educational or related services needs, including improved academic achievement and functional performance of a child warrant a reevaluation, or if the learner’s parent(s) or teacher(s) requests a reevaluation. 

Note: Determining a reevaluation is unnecessary should be rare and is determined on a case-by-case basis.