IEP Evaluation Rights: What Parents Need to Know Under Federal Law

By David Gardner, Esq., Lex Tecnica & IEP Defenders Lawyer

Understanding your child's IEP evaluation rights is one of the most important steps a parent can take. Evaluations are the foundation of special education under the Individuals with

Disabilities Education Act (“IDEA”). They determine whether a child is eligible for

services, what those services should include, and whether those services remain

appropriate over time.

School districts have an ongoing obligation to identify, locate, and evaluate

children who may have disabilities. (20 U.S.C. § 1412(a)(3); 34 C.F.R. § 300.111).

This obligation applies whether or not a parent has made a request.

This analysis is based on federal IDEA law, which applies nationwide. State law

may provide additional protections, but it cannot reduce the rights provided

under federal law.

Initial IEP Evaluation Rights (Eligibility Evaluations)

An initial evaluation is conducted to determine whether a child has a disability

and qualifies for special education services. Parents have the right to request an

evaluation at any time if they suspect their child may have a disability or require

services. (34 C.F.R. § 300.301(b)). A request should be made in writing and should

clearly state that the parent is requesting a full and individual evaluation under

the IDEA.

The request should describe the concerns about the child’s performance,

behavior, or development and should indicate that the evaluation should address

all areas of suspected disability.

A written request creates a clear record and triggers the district’s obligation to

respond. Once a request is made, the school district must either seek parental

consent to evaluate or provide prior written notice explaining why it refuses. The

district cannot delay or ignore a request.

Before conducting the evaluation, the district must obtain informed parental

consent. (34 C.F.R. § 300.300(a)). After consent is provided, the evaluation must be

completed within 60 days unless the state has adopted a different timeline. (34

C.F.R. § 300.301(c)).

The evaluation must be comprehensive. It must assess all areas related to the

suspected disability and use a variety of assessment tools and strategies. (34 C.F.R.

§ 300.304(b), (c)(4)). It cannot rely on a single test or measure.

At the conclusion of the evaluation, a team determines whether the child is

eligible for special education services. (34 C.F.R. § 300.306). If the child is eligible,

an Individualized Education Program (IEP) must be developed. (20 U.S.C. §

1414(d)).

Reevaluations (Triennial Evaluations)

Once a child is found eligible and receiving services, the IDEA requires periodic

reevaluations. These are commonly referred to as triennial evaluations.

A reevaluation must occur at least once every three years unless the parent and

the district agree that a reevaluation is unnecessary. (34 C.F.R. § 300.303(b)(2)).

The purpose of the reevaluation is to determine whether the child continues to

have a disability, whether the child continues to need special education services,

and whether any changes to services are required.

Reevaluations may occur as frequently as once per year if the parent or the

school district requests one. (34 C.F.R. § 300.303(b)(1)).

Independent Educational Evaluations (IEEs)

If a parent disagrees with a school district’s evaluation, the parent has the right to

request an Independent Educational Evaluation (“IEE”) at public expense. (34

C.F.R. § 300.502(b)).

When a parent requests an IEE, the school district must either agree to fund the

independent evaluation or file for due process to defend its own evaluation. The

district cannot simply deny the request without taking one of these actions.

The parent is not required to explain why they disagree with the district’s

evaluation. (34 C.F.R. § 300.502(b)(4)). The results of an IEE must be considered by

the IEP team when making decisions about the child’s program. (34 C.F.R. §

300.502(c)).

Evaluations Must Be Comprehensive

All evaluations conducted under the IDEA must meet specific legal standards.

They must use a variety of assessment tools and strategies and must be

sufficiently comprehensive to identify all of the child’s special education and

related service needs. (34 C.F.R. § 300.304(b), (c)(6)).

Assessments must be administered by trained personnel, must be technically

sound, and must not be discriminatory. They must be provided in the child’s

native language or mode of communication. (34 C.F.R. § 300.304(c)).

The evaluation must address all areas of suspected disability, including academic,

cognitive, communication, social and emotional, and physical or developmental

needs as appropriate. (34 C.F.R. § 300.304(c)(4)).

Conclusion

The IDEA establishes multiple types of evaluations that serve different purposes,

including determining eligibility, reviewing ongoing needs, and resolving

disagreements about assessment results. Each type of evaluation plays a critical

role in ensuring that a child’s educational program is appropriate and responsive

to the child’s needs.