Evaluations
You Have the right to Request an Initial Evaluation
According to 20 U.S.C. §1414 (a)(1)(B):
a parent of the child
a state educational agency
other state agency
the local educational agency (including the child's teacher)
...may initiate a request for an initial evaluation to determine if the child is a child with a disability. This request should be made in writing, and may be made at any time. There is no requirement for the child to be "failing" before beginning the referral process.
You Have the Right to Request a Reevaluation
According to 20 U.S.C. §1414 (a)(2)(A)(B):
A school is required to conduct a re-evaluation of each child with a disability:
If the school determines the educational or related service needs warrant a reevaluation
If the child's parent or teacher requests a reevaluation
A reevaluation shall occur not more frequently than once a year, unless the parent and school agree
Otherwise, at least once every 3 years, unless the parent and the local educational agency agree that a reevaluation is unnecessary.
The school shall evaluate a child with a disability before determining that the child is no longer a child with a disability.
IEP determinations may not be made based on only one measure.
You have the Right to an Outside Evaluation
This button will take you to the Massachusetts Department of Education's Advisory about your right to an outside evaluation.
Evaluation Procedures
According to 20 U.S.C. §1414 (b):
(1)The school district shall provide notice to the parents of the child to be evaluated; there must be informed consent from the parent in order for the school to begin the evaluation
(2)In conducting the evaluation, the school district shall:
(A) use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent, that may assist in determining—
(i) whether the child is a child with a disability; and
(ii) the content of the child’s individualized education program [IEP], including information related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool children, to participate in appropriate activities;
(B) not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and
(C) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.
Evaluation Before Change in Eligibility
According to 20 U.S.C. §1414 (5)(A):
A school district shall evaluate a child with a disability before determining that the child is no longer a child with a disability, and no longer needing special education services.