Tap 5
Tap 5
Tap 5
Note: All TAPS are posted on OSPIs Web site at and to determine other information for an
http://www.k12.wa.us/specialed/publications.aspx individualized education program (IEP) team
to use to develop appropriate IEPs for eligible
Purpose students. Therefore, the information used to
The purpose of this technical assistance paper complete an evaluation or reevaluation report
(TAP) is to provide a general review of special needs to be comprehensive and identify all of
education evaluation requirements. The the students needs, regardless of the students
regulations addressing evaluation procedures, eligibility category.
including consent requirements and timelines,
are contained in WAC 392-172A-03000 03080. II. Child Find and Referral Procedures
This TAP also reviews the general requirements
for responding to independent educational School districts must have child find procedures
evaluations (IEE) addressed at WAC 392-172A- to locate, identify, and evaluate students
05005. Washingtons state regulations are based between the ages of 3 to 21 who are suspected
on the federal regulations contained in 34 CFR of having a disability and may be eligible for
Part 300. Both the federal and state regulations special education and related services. The
are in place to implement the Individuals with child find responsibility includes an obligation
Disabilities Education Act of 2004 (IDEA), Part B. to locate students who are residents of
When the term evaluation is used, it includes the district; enrolled in the district; home
both initial evaluations and reevaluations. schooled; and, located in other settings such as
preschools and day care settings. The child find
This TAP is organized as follows: responsibility also includes students who may
I. Overview not be residents of the district but are enrolled
II. Child Find and Referral Procedures in private non-profit elementary or secondary
III. Initial Evaluations schools (K-12) that are located in the district.
IV. Additional Requirements for Evaluating Child find procedures can include providing
Students with Specific Learning Disabilities information on district websites, in parent-
V. Reevaluations student handbooks, at private schools located
VI. Independent Educational Evaluations in the district, and through other community
VII. Conclusion providers. The procedures must also address
how district staff members identify students in
Appendix A: Frequently Asked Questions (FAQs the school setting who might be in need of an
Appendix B: Resources evaluation even when a parent has not made a
written referral, and how districts respond when
I. Overview parents orally request an evaluation. When
a private school is located within a districts
School districts evaluate students to boundaries, the district must also consult
determine initial and continued eligibility with the private school regarding its child find
for special education services, the need procedures. The district must meet the same
for special education and related services, referral and evaluation timelines required to
evaluate any student, even when the student
Technical Assistance Paper No. 5-Revised February 2012 Page 1
attends a private school. data they may need to determine whether a
Parents, school district staff, other agency staff, student is eligible for special education and
or other persons with knowledge about the child what special education and related services the
may make a referral requesting that a student student needs. The assessments should provide
be evaluated to determine eligibility for special functional, developmental, and academic
education. A referral for an evaluation must be information about the student. The persons
in writing. If the person making the request is who conduct the assessments must be trained
unable to write, district staff should assist the and qualified to administer them. If the district
person in making the referral. When a district needs assessments from outside sources in
receives a written request for an evaluation, the order to conduct a comprehensive evaluation,
district must notify the parent that the student such as medical or neurological information,
has been referred and provide the parent with a it must ensure the outside assessments are
copy of their procedural safeguards. The district conducted by qualified providers, through
will then make a decision, with the parents contract or other means. The district selects
input, about whether or not to evaluate the the members of its evaluation group.
student. The process for reviewing a referral
includes reviewing existing data about the Before conducting an initial evaluation, the
student. Existing data includes, but is not limited district must receive the parents informed
to, information provided by the parent, medical consent. To ensure the parent has enough
information, and information about the students information to provide informed consent, the
performance at school or in other settings (such district must provide the parent with prior
as preschool, private school, home and other written notice addressing:
settings). Based on this information, the district
must make a decision within 25 school days1 as the decision to conduct an initial
to whether or not it will evaluate the student. evaluation;
Parents must be invited to meetings that are the areas of assessment the district
scheduled to discuss the referral. proposes to conduct; and,
any other information required in the prior
If a school district decides the information in written notice (found in WAC 392-172A-
the referral does not support the need for an 05010).
evaluation, it must notify the parent through
prior written notice of its decision not to The district must document reasonable efforts
evaluate. The prior written notice must include used to obtain consent if a parent fails to
the reasons why the district does not believe respond. If a parent does not provide consent
the student needs to be evaluated. for the initial evaluation and the student is
enrolled in the public school, the district may:
III. Initial Evaluations
ask the parent to participate in mediation
After gathering existing data through the in order to explain the purpose of the
referral process, the districts evaluation group evaluation and obtain the parents consent
then decides what additional assessment through agreement; or,
1 While these timelines are in place for students, sometimes request a due process hearing and ask an
evaluations may need to be completed sooner than the administrative law judge (ALJ) to issue a
identified referral and evaluation timelines. When a student
is transitioning from Part C to Part B, and will be evaluated decision overriding the parents refusal to
for eligibility, districts must complete an evaluation and make provide consent.
an eligibility determination so that an initial IEP is in place by
the childs third birthday. If a district needs to complete an
evaluation due to a request after a disciplinary action, that A district is not required to use these procedures
evaluation must be expedited. to obtain consent for an evaluation. If the district
Technical Assistance Paper No. 5-Revised February 2012 Page 2
does not receive consent and does not pursue activities;
mediation or due process, it is not in violation recommendations regarding the students
of its child find obligations or evaluation need for special education and related
procedures. The district should document services; and,
the parents refusal and provide notice to the any other information that may be needed
parent that the student will not be evaluated to by an IEP team to develop an IEP.
determine eligibility and without the evaluation,
the district cannot provide the student with The purpose of the evaluation report is to
special education and related services. If a provide enough information for an IEP team to
student is enrolled in private school or is home develop a students IEP. Keep in mind however,
schooled, a district may not use mediation or that it is through the IEP process that the team
due process procedures to obtain consent or makes decisions about what services a student
override a parents refusal to consent. needs, how services will be delivered, the
amount of services, the location of services,
After obtaining a parents informed written and other supports that might be needed for
consent, the district may proceed with the student.
conducting the evaluation. The evaluation
must be comprehensive and must address The evaluation group and the parent meet to
all areas of a suspected disability, including discuss the results of the evaluation report
those areas which may or may not be directly and make a determination about the students
related to the suspected eligibility category. eligibility. Each member of the evaluation
Assessment instruments must be administered group signs and dates the evaluation report
following test instructions and protocols, in the certifying that the evaluation report represents
students native language or other mode of their conclusions. If it does not, that individual
communication unless it is clearly not feasible to member must provide a statement addressing
do so. The test administrators also need to take their disagreement. Individuals contributing
into account any sensory, manual, or language to the report must also document the results
impairments that might affect test results. The of their individual assessment or observations.
evaluation process must be completed within Parents must be provided a copy of the
35 school days after the district receives the evaluation report.
parents informed consent, or after a refusal to
consent is overridden through a due process If the student is not eligible for special
hearing. education, the evaluation group should address
whether the student may require a 504 plan
The evaluation group must complete an to address his or her disability and access to
evaluation report using the results of the general education services. If there is a separate
assessments, information gathered through district person designated as a 504 coordinator,
the review of existing data, and information this information should be provided to that
provided by a parent, addressing: person. If the student is eligible for special
education and related services, the group
whether the student has a disability as may ask for the parents consent for special
defined in the regulations; education services at the same time it makes
a discussion of the assessments and review the eligibility determination, although many
of data that supports the conclusion districts wait to obtain the parents consent at
regarding eligibility; the initial IEP meeting.2 If a student is eligible
how the disability(ies) affects the students for services, an IEP meeting must be held within
involvement and progress in the general 2 Remember, parents consent for the initial provision of
education curriculum or preschool services, not to the IEP.
Technical Assistance Paper No. 5-Revised February 2012 Page 3
30 days of the eligibility determination. If the a reevaluation.
parent refuses to provide consent for the initial
provision of services, a district is not required toReevaluations, like initial evaluations, provide
hold an IEP meeting to develop an IEP. the data necessary to develop a students IEP.
Reevaluations also identify all of a students
IV. Additional Requirements for Evaluating special education and related services needs
Students with Specific Learning whether or not commonly linked to the
Disabilities. students eligibility category. To ensure the
district obtains data that provides the students
When an evaluation group is considering IEP team with enough information to develop
whether a student has a specific learning or revise the IEP, it is important that the IEP
disability, the evaluation group must also include team and qualified professionals review the
a general education teacher of the student as data it has available regarding the student, to
well as the parent. As part of the evaluation, the determine whether the district needs to conduct
student must be observed in one of his or her additional assessments in order to complete a
general education classes or if not in the school reevaluation report.
setting, in an environment appropriate for that
student. Additional procedures for evaluating a Timelines for reevaluations
student with a suspected learning disability are Reevaluations can occur:
contained in the regulations at WAC 392-172A-
03045 03080. Information addressing these Not more than once a year, unless the
requirements is also available in the manuals: parent and district agree that a reevaluation
Identification of a Student with a Specific should occur sooner; or
Learning Disability and Using Response to At least once every three years unless
Intervention for Washingtons Students. the parent and the district agree that a
reevaluation is unnecessary.
V. Reevaluations
A reevaluation needs to occur within 35 school
A reevaluation is used to confirm a students days after the district receives the parents
continued eligibility for special education and consent for the reevaluation, 35 school days
related services. A reevaluation is not required from the date a district has documented that
if the students eligibility will terminate because a parent has failed to respond to the request
he or she will graduate with a regular high school for consent for the reevaluation, or 35 school
diploma, or will exceed the age requirement. days from the date a district provides prior
In these instances, districts must provide the written notice to the parent informing them of
adult student and parent with a summary of the date it will begin the reevaluation process
performance. using a review of existing data. The timeline for
completing the reevaluation will be less than 35
Reevaluations are needed when a students school days if the 3 year timeline ends sooner.
needs change to the extent that the current
evaluation does not provide enough information Review of existing data
for the IEP team to revise the IEP. Examples of To determine whether the student needs
this situation could include data suggesting additional assessments to complete a
the student needs additional kinds of services reevaluation, the IEP team and other qualified
not addressed in the evaluation report, or professionals, if appropriate, review existing
the students needs change to the extent that evaluation data including:
some services are no longer needed. Parents or
teachers may also request that a student receive The students most recent evaluation;
Technical Assistance Paper No. 5-Revised February 2012 Page 4
information provided by the parents; and obtain the parents consent through
classroom based and other state and local agreement; or,
assessments; request a due process hearing to ask an ALJ
classroom based observations; and, to issue a decision overriding the parents
observations by teachers or other service refusal to provide consent.
providers.
A district is not required to use mediation or
Based on the review of existing data, the due process and is not in violation of evaluation
IEP team and other qualified professionals procedures if a parent refuses to provide
determine whether additional assessments will consent for the reevaluation. Districts may not
be needed to determine the students continued use mediation or due process procedures to
eligibility, whether the student needs additional override a parents refusal to provide consent if
services or modifications to meet annual goals, the student is home schooled or is enrolled in a
and to what extent the student can participate, private school.
as appropriate, in the general education
curriculum. While this review can occur without VI. Independent Educational Evaluations (IEE)
a meeting, the review needs to include the data
described above which requires parent input. An IEE is an evaluation conducted by a qualified
examiner who is not employed by the school
If the team and other qualified professionals district or responsible for the education of the
determine that no additional assessments child. If a parent disagrees with the districts
are needed to complete the reevaluation, evaluation or reevaluation of their child, the
the district must notify the parent using prior parent may request that the district pay for
written notice of that determination, and an IEE. Parents may request one IEE at public
inform the parent that he or she has the right expense each time a district conducts an
to request additional assessments to determine evaluation with which the parent disagrees. The
the students continued eligibility and special request for an IEE does not have to be in writing,
education needs. If the reevaluation will be so it is important that staff who work with the
completed by only using existing data, the student know who to notify in the district when
district does not have to obtain written informed the parent makes such a request. When a
consent from the parent. parent requests an IEE, the district may:
A school district conducts a reevaluation when the students educational or related service needs,
including improved academic and functional performance, warrant a reevaluation, or if the
students teacher or parent requests a reevaluation. Evaluations are also used to determine whether
the student continues to meet eligibility and whether additions or modifications are needed to
enable the student to meet annual goals and participate, as appropriate, in the general education
curriculum. Reevaluations must occur at least once every three years, unless the parent and the
school district agree that a reevaluation is unnecessary.
Examples of when a district should conduct a reevaluation include: 1) a student is not progressing
and minor adjustments to the program have not resolved the students lack of progress; 2)
teachers or parents believe the student needs additional services, or no longer needs services
in a particular area; and 3) districts or parents believe the student no longer qualifies for special
education and related services.
No. The first step of the reevaluation process is to review existing data about the student.
Existing data include, but are not limited to: information provided by the parents; current
classroom assessments; previous evaluation results; state and district assessments; and
observations made by teachers and service providers. This review is used to determine whether
or not additional information, including new testing, is needed to complete the reevaluation.
The review process is completed by IEP team members and other qualified professionals.
If no new testing is needed, the district must notify the parents using prior written notice, stating
the district can complete the reevaluation without conducting new tests. If the district believes
no new testing is needed, it must notify the parents that they have the right to request new
assessments/testing as part of the reevaluation. The school district is not required to conduct
new assessments unless requested to do so by the student's parents. The school district is also
not required to obtain parental consent when using existing data to complete a reevaluation.
The reevaluation report is completed using the data gathered through the review, and includes
updated present levels and other information needed to assist the IEP team in developing the students
IEP.
4. Is a school district required to obtain parental consent before completing new assessments
as part of the reevaluation process?
A district is not required to obtain consent for a reevaluation if the parent fails to respond to the
districts request. The district needs to provide the parent with prior written notice addressing the
areas of needed assessments, and request a parents consent to conduct the reevaluation. However,
if a parent fails to respond to the districts request and the district takes reasonable measures to
obtain consent, the district may proceed with the reevaluation without obtaining parental consent.
Reasonable measures include: detailed records of telephone calls made or attempted and the results
of those calls; copies of correspondence sent to the parents and any responses received; and detailed
records of visits made to the parents home or place of employment and the results of those visits.
5. What should a district do if a parent refuses to provide consent for an initial evaluation or
reevaluation?
If the student is enrolled in public school, the district may ask the parents to participate in mediation
to obtain their agreement to provide consent to the initial evaluation or reevaluation, or may
request a due process hearing to ask an administrative law judge to override the parents refusal
to provide consent. The district is not required to request mediation or a due process hearing.
If the parents refuse to provide consent and the district does not ask them to participate in mediation
or request a due process hearing, the school district does not violate its child find obligations,
or evaluation and reevaluation procedures. This means that, for an initial evaluation, the process
stops and the district will not proceed with an eligibility determination. For a reevaluation,
this means that the district has not violated procedures relating to timelines for a reevaluation.
Districts may not use mediation or due process procedures to obtain consent when parents have
enrolled their student in private school, or are providing homeschool services to their children.
Depending on a students suspected areas of disability, the district may need to obtain a medical
diagnosis or other medical information from an outside provider. It may not require the parent to obtain
the information before proceeding with the evaluation. A district may also need medical information
to rule out other health impairments when determining whether a student is eligible for services as a
student with a specific learning disability. If medical or other information is needed to complete the
evaluation, the district must pay for the outside evaluation as part of its evaluation process. When
the information needed is part of the districts evaluation, the district selects the outside evaluator.
7. What should a service provider do if they suspect a student no longer needs services, or
needs more services than the student is currently receiving?
If a provider believes the services being delivered to a student are no longer appropriate, the provider
may not independently remove or alter those services. The IEP team should meet to determine
whether it needs to revise the IEP. If the changes materially alter the students educational program,
the IEP team, with other appropriate qualified professionals should review existing data and
determine whether additional data is needed to complete a reevaluation, or whether there is enough
information from the prior evaluation report and data collected as part of the IEP to revise the IEP.
Supplementing an existing evaluation report should be the exception rather than a common district
practice. Districts should not need to supplement an existing evaluation report, if the initial evaluation
or reevaluation was comprehensive to begin with. When more information is needed, the district
should be reevaluating the student. However, there might be times when despite the districts effort to
conduct a comprehensive evaluation, new information is obtained after the evaluation is completed.
In these situations, it might be appropriate to supplement the existing evaluation or reevaluation. If
this approach is used, the district should verify with all members of the IEP team, and any others who
would or should be involved in a reevaluation, that this is the only suspected area of service affected
by the student's current needs. Districts also always need to consider any information in an IEE that
is obtained that may contain additional information to be considered in revising or amending an IEP.
9. Can a parent request that an IEE take the place of a district evaluation?
Generally, no. An IEE is information that can be considered as part of a districts evaluation, or in any
other meeting involving the provision of a free appropriate public education of a student. When a
district determines that it needs to conduct and evaluation, it has the right to conduct the evaluation
and select the members of the evaluation group, which can include the use of outside providers.
10. Is a reevaluation required before a student receiving special education graduates with a
regular diploma or exceeds age eligibility?
No, a reevaluation is not required before a student graduates with a regular high school diploma
or becomes ineligible due to age. Under either of these circumstances, the district must provide
the parents and adult student with prior written notice and a summary of the students academic
achievement and functional performance, which include recommendations about how to assist the
student in meeting the student's postsecondary goals.
11. If a student meets eligibility as a student with a specific learning disability, and the only
area of discrepancy is reading, can the evaluation group recommend that the student may
need services in writing or math?
Yes. A student is eligible for services under the category of specific learning disability (SLD).
Evaluations need to be comprehensive enough to address all of a students needs. The use of
Technical Assistance Paper No. 5-Revised February 2012 Page 9
Appendix A: Frequently Asked Questions (FAQs)
achievement and intellectual assessments are only one part of the evaluation process under the
SLD category, when districts use the discrepancy model. In addition to assessments, districts must
also consider observations of the student and other information gathered as part of the evaluation
process, including a discussion of any patterns of strengths and weaknesses. The evaluation report
should provide recommendations that address all of the students needs.
12. If a student qualifies in the developmental delay category and meets a standard deviation
in only one area, may the evaluation recommend services in other areas other than the
areas meeting the standard deviation?
Yes. A student is eligible for services under the category of developmental delay (DD). Evaluations
need to be comprehensive enough to address all of a students needs, including related services, and
other supports. The evaluation group should address the students needs arising from the disability,
just as it would when a student is determined eligible under any of the other eligibility categories.
13. What is the difference between determining that a reevaluation is unnecessary and
determining that a reevaluation can be completed using existing data?
When the district and the parents agree that a reevaluation is unnecessary, the district does
not complete a reevaluation report and the timeline for the next evaluation is extended for
three years. When this agreement is reached with the parents, the district provides them
with prior written notice informing them that either the district or the parents may request
a reevaluation sooner than the three years, if the students needs warrant a reevaluation.
Agreements that reevaluations are unnecessary should be made by the parent and the IEP team
and other qualified professionals and are not unilateral decisions, made by one district staff.
When the IEP team, and other qualified professionals determine they do not need to conduct
additional assessments, they complete the reevaluation report using the existing data to update
present levels of academic and functional performance and provide recommendations for the
IEP teams consideration.
A Guide to Assessment in Early Childhood: Infancy to Age Eight (PDF) Color Version (zip - 27 mgs)
(http://www.k12.wa.us/EarlyLearning/pubdocs/assessment_print.pdf)