Initial Evaluations
When performing an Initial Evaluation, the Local Educational Agency (LEA) should:
- Utilize a variety of assessment tools and strategies to gather detailed functional, developmental, and academic information. This includes contributions from parents, which can help determine both whether the child has a disability and the particulars of the child’s individualized education program.
An evaluation study will consider formal and informal observations, schoolwork reviews, standardized tests, and input from teachers and other school personnel. Under the Individuals with Disabilities Education Act (IDEA), specific evaluation requirements are as follows:
- Assessments must not be discriminatory on racial or cultural grounds.
- Evaluations should be provided in the language and form likely to produce the most accurate information on the child's academic, developmental, and functional capabilities, unless impractical.
- Assessment methods must be intended for valid and reliable purposes.
- Trained and knowledgeable personnel should administer evaluations.
- Assessments should comply with any instructions by the assessment's producer.
The child should be evaluated in all areas suspected of disability. Assessment tools and strategies must provide pertinent information that directly aids individuals in determining the child's educational needs, and transitions should be coordinated to complete evaluations promptly if a child moves districts in the same academic year.
Parents will be informed in writing about the specific tests and methods planned for the evaluation. Parents are encouraged to actively participate by sharing any relevant details about their child’s skills and needs.
The LEA is required to determine if the child has a disability within 60 days of receiving parental consent. If eligible, the LEA will assess the child's special educational needs. Note that if parents do not make their child available for the Initial Evaluation, the time limitation of sixty days is not applicable.
After the initial evaluation, the child's Planning and Placement Team (PPT) or Individualized Education Program (IEP) Team will meet to review the data and decide if the child qualifies for special education and related services. A written report of the evaluation findings will be provided to the parents.
Independent Educational Evaluations (IEEs)
If parents disagree with the school's evaluation, they may request an Independent Educational Evaluation (IEE). Upon such a request, the LEA must provide details on where an IEE can be obtained and the criteria for conducting it. An IEE is carried out by a qualified examiner not affiliated with the LEA, such as a private therapist. Parents are not required to disclose plans for an IEE to the LEA beforehand.
While parents and school districts should collaborate to resolve any evaluation disagreements, there might be situations necessitating an IEE. Parents have the right to an IEE at the LEA's expense unless contested by the LEA. In such cases, the LEA must promptly initiate a due process hearing to show the adequacy of its evaluation or argue that the IEE does not meet the necessary criteria. Should the LEA's evaluation be upheld, parents retain the right to pursue an IEE, but at their own expense. However, in cases where a hearing officer demands an IEE, it will be covered by the agency.
When an IEE is obtained at public expense, it must adhere to the same standards as those of the LEA regarding the examiner’s location and qualifications. Regardless of the funding source, the IEE findings must be taken into consideration when designing the child's educational plan.
Re-Evaluations
IDEA requires that Re-evaluations occur at a minimum every three years, barring an agreement between the parent and LEA that it is unnecessary. Either party may request one, but LEA requires written parental consent to proceed. Refusal to grant consent might compel the LEA to seek a due process hearing to conduct the Re-evaluation.
Re-evaluations aim to reassess the child's needs, verify continued disability status, evaluate academic and developmental progress, and verify ongoing need for special education services and potential IEP modifications.
During a Re-evaluation, the child’s PPT/IEP Team will examine existing data and reports to determine if additional testing is necessary for continued eligibility and educational service requirements.
Contact Us
If you have any questions regarding special education evaluations in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
