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Evaluation Process

    1. An initial evaluation is conducted for students who are not yet eligible for services (or who are no longer eligible) because they are suspected of having a disability and are being considered for special education services.
    2. A reevaluation is conducted for students who are currently in special education and are in need of a new evaluation. Students must be reevaluated at least every three years. It may be done more frequently when requested by the parent or the district. However, a reevaluation may not occur more than once a year, unless the parent and school district agree otherwise. The reevaluation may consist of a review of existing records or it may consist of additional testing. A reevaluation addresses whether the student continues to meet eligibility criteria for special education. A reevaluation also addresses the student’s current educational performance and whether changes should be made to the student’s services. Any substantial or material changes to a student’s IEP or placement require a reevaluation.
    3. Parents may request an independent educational evaluation (IEE) if they disagree with the results of the district evaluation, after it is completed. Parents may request the IEE one time per evaluation completed by the school district. If districts disagree with the parent’s request there is a process for them to contest the disagreement.

  • The school district must obtain informed parental consent before it begins an initial evaluation. It must also request parent consent for a reevaluation, if the district is conducting new testing as part of a reevaluation. If a parent does not respond to a district’s request for consent for a reevaluation and it can document its efforts to obtain parent consent, it may conduct the reevaluation without parent consent.

  • The district has 35 school days to complete the evaluation once it receives parent consent or, the parent’s refusal to provide consent is overridden by an administrative law judge through a due process hearing or the parent and district reach an agreement through mediation.

  • The district must send prior written notice to the parent informing them of:

    • the decision whether or not the district will evaluate the student;
    • whether the evaluation will be conducted using existing data, or, if new testing will be conducted what testing will be done; and all other information regarding the bases for their decisions.

    A student’s initial evaluation and subsequent reevaluations provide the foundation for a student’s individualized education program (IEP). IEP goals and objectives must be based on evaluative data gathered through an initial evaluation or reevaluation.

  • In order to be considered for special education, the student must be referred for an initial evaluation. A student may be referred for an evaluation for special education by school staff, parents or any person knowledgeable about the student. The referral must be in writing, unless the person is unable to write. In that case, the person may ask school personnel to record the request in writing. Under a school’s child find responsibilities, districts have a responsibility to make a referral if they believe the student should be evaluated for eligibility for special education services.

    The parent and the group will review data as part of the referral process. If the group determines that an evaluation is necessary, the district must have parental consent to proceed with the initial evaluation.

    The purpose of an evaluation is to determine the student’s eligibility for special education services. The evaluation process should be sufficient in scope to determine:

    • whether the student has a disability,
    • whether the disability adversely affects his/her performance in the general education curriculum, and
    • the nature and extent of the student’s need for specially designed instruction and any necessary related services.

    When the evaluation is complete, the evaluation group must write an evaluation report. The evaluation report must include:

    • background information such as the reason for the referral, relevant medical/developmental information, grade retention, previous interventions and their results, parent concerns and other information provided by the parent;
    • current levels of performance, based on existing data and/or additional assessments;
      • eligibility determination which includes the results of assessments, a description of any adverse educational impact and a statement of how the disability affects a student’s involvement in the general education curriculum (or for preschoolers,in appropriate activities). When making the eligibility determination, the team must state:
      • the disability category in which the student qualifies,
      • recommended specially designed instruction,
      • necessary related services, and
      • any other information needed to develop an individualized education program (IEP).

  • Students must be reevaluated at least once every three years, unless the parent and the district agree that a reevaluation is not needed. Students are reevaluated when the student’s needs warrant changes to the services the student is receiving. Reevaluations occur not more than once a year unless the parent and district agree that a reevaluation should occur sooner.

    The first step in a reevaluation is a review of the existing information on the student. This includes school records, classroom performance, information provided by the parents and any other relevant information. If the district believes that it can complete the reevaluation without additional testing, the district must notify the parent of its decision using prior written notice. The notice must also tell the parent of his or her right to request additional testing to determine eligibility. If the parent disagrees and believes additional testing is needed to determine eligibility, they have the right to request that the district conduct additional assessments.

    If the district believes additional testing is necessary, they must proceed with prior written notice and ask for the parent’s consent. If the parent does not respond to the district’s reasonable efforts to obtain consent, the district may proceed with the reevaluation.

    If a parent refuses to provide consent for an evaluation, the district may, but is not required to file a due process hearing request to override parent consent. They can also ask a parent to participate in mediation. (See Problem Solving Part V) The district is not in violation of child find or evaluation procedures if the parents do not provide consent.

    After the reevaluation, the evaluation group must complete an evaluation report as described above under initial evaluation.

  • Topic What the Law Says/Means What the School Needs to Do What Parents Need to Know/Do
    Who can make a referral for evaluation? School staff who think a child may have a disability, are required to make a referral to the school. Other persons, including the parents, may make a referral if they believe the child may have a disability.

    WAC 392-172A-02040
    WAC 392-172A-03005    		 The school district must document the referral, notify the parent(s) and provide the parent(s) with a copy of the procedural safeguards. In order to determine the need for an evaluation, the district must examine existing school, medical, and other records in the possession of the parent(s) and the school district. Provide input to the school regarding your child. The evaluation team is more likely to make an accurate determination of the need to evaluate if they have access to relevant medical history and developmental information.

    Describe your child's strengths and areas where he/she has difficulty. Be as specific as possible, giving examples of what you see at home.
    Decision to Evaluate

    Review of Records    		 Within 25 school days after receipt of the referral, the district must review the existing records, including input from the parent(s), to determine if there is a need to evaluate the student. The school district will provide prior written notice of the decision.

    WAC 392-172A-03025    		 The school must notify (prior written notice) the parent(s) in writing of their decision to evaluate or not. The notice must include an explanation of why the school made the decision and the information they used to make the decision. If the district is intending to conduct tests, it should describe the types of testing it will conduct. The prior written notice should give you enough information so that you can understand what the district is doing. If you do not understand the information provided within the prior written notice, you should contact the school and ask for clarification of the information.

    You have the right to have the information translated into a language that you understand, or provided in an alternate format, if needed and feasible.
    Consent Required When the student is to be evaluated, the school district shall provide prior written notice to the parent(s) and obtain parental consent. The school evaluation team must evaluate the student and determine if the student is eligible for special education services within 35 school days of receiving consent.

    WAC 392-172A-03005    		 The school district must obtain written informed consent before conducting an initial evaluation. The notice you provided to the parent(s) should clearly explain what testing the district is conducting and why it needs the information.

    If the parent(s) refuse consent, the district may, but is not required to, request a due process hearing to override the parent's refusal, or ask the parent to meet in order to obtain the parent's agreement.

    WAC 392-172A-03000    		 You have the right to either consent to an initial evaluation or refuse consent. If you have questions about the assessment process, talk to the members of the evaluation group about the assessment process so that you can make a decision about providing consent. Whether you provide consent or refuse to provide consent, you should indicate your choice, sign the form, and return it to the school. If you do refuse consent, the district does not have an obligation to evaluate your child and your child will not have protection under IDEA. It may, however ask for a hearing to override your refusal, or it may ask you to mediate.
    General Procedures The district is responsible for creating the evaluation group.

    The evaluation group must use a variety of assessment tools to gather relevant functional, developmental, and academic information about the student, including information provided by the parent(s) to determine:
    • Whether the student is eligible for special education, and
    • The content of the student's IEP
    The evaluation must be sufficiently comprehensive to identify all of the student's special education and related services needs.

    WAC 392-172A-03020    		 The school must review existing information about the student including in-class assessments, state assessments, observations and information from the parent(s). In addition, the school needs to select persons who are qualified to conduct assessments to address all areas of a child's disability. If the student needs outside evaluations, the group may include outside evaluators selected by the district. The existing information about the student and the additional testing is used to determine whether the child is eligible and if so, what information is needed to allow the IEP team to develop an individualized education program (IEP). If you do not already provide the school information, during the referral process you will want to collect any relevant information on the child and provide that information to the school. The information may include medical information, results of other evaluations, and history from previous therapies, tutors, summer programs, etc. This information will assist the district in determining what testing it needs to do so that it has enough information to make a decision about your child's need for special education services.
    Evaluation Report The evaluation report must include:
    1. whether the student has a disability,
    2. the assessment given to the student, the student's present level of performance and where he/she is functioning in relation to his/her peers,
    3. how the student's disability affects the student's progress in the general education curriculum or for preschool children, in appropriate activities,
    4. the recommended special education and related services needed by the student.
    Each member of the evaluation group must either sign the report or file a separate report if they disagree with the conclusions.

    WAC 392-172A-03035    		 The evaluation group must create a written report which indicates whether the student has a disability, if the student qualifies for special education services and contains the evaluative information necessary to write an appropriate IEP. Each member of the evaluation group must date and sign the evaluation report certifying that the report represents his or her conclusion.

    If the evaluation report does not reflect his or her conclusion, the professional member of the group must include a separate statement representing his or her conclusion.

    Each member of the evaluation group contributing to the report must document the results of their individual assessments or observations.    		 Review the results of the assessment with members of the evaluation group. Ask questions to gain clarity about the meaning of the evaluation results.

    In advance of the meeting, it may be helpful to write down the questions you wish to ask the other evaluation group members.
    Determination of Eligibility Upon completion of the assessment, the evaluation group, including the parent, determine whether the student is eligible for special education and the educational needs of the student. A student must not be determined to be eligible for special education services if the determinant factor is:
    1. Lack of appropriate instruction in reading, based upon the state's grade level standards;
    2. Lack of appropriate instruction in math; or
    3. Limited English proficiency.
    The group may not find a student eligible if the student does not otherwise meet eligibility requirements, including presence of a disability, adverse educational impact and need for specially designed instruction.

    WAC 392-172A-03040    		 The evaluation group must obtain information from a variety of sources including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the student's physical condition, social or cultural background, and adaptive behavior.

    The information from those sources must be carefully considered and documented.

    The school district must provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.

    If the student has a disability, but is not eligible for special education, the evaluation team should consider what, if any accommodations are necessary under Section 504 of the Rehabilitation Act.    		 You are an important participant in the in the decision regarding eligibility. If you provided information to the evaluation group for consideration, you want to make sure that the information is part of the discussion on eligibility for special education, and when appropriate, included in the evaluation report.

    If your child is not eligible for special education, he/she may still have a disability needing accommodations. If that is the case, you will want to discuss any necessary accommodations that will be provided under Section 504 of the Rehabilitation Act.

    If you do not agree with the decision regarding eligibility you have dispute options under IDEA.

  • Topic What the Law Says/Means What the School Needs to Do What Parents Need to Know/Do
    Timeline Reasons Purpose A reevaluation may occur not more than once a year, but must occur once every three years unless the parent and the school district agree that a reevaluation is unnecessary.

    A school district must ensure that a reevaluation is conducted when:
    1. The school district determines that the educational or related services needs, including improved academic achievement and functional performance, of the student warrant a reevaluation; or
    2. If the child's parent or teacher requests a reevaluation.
    WAC 392-172A-03015    		 Monitor student progress on a regular basis. Use student data as a basis for your progress reporting. Discuss student progress with all staff who are working with the student.

    If the student is not making sufficient progress on his/her IEP goals, adjust goals as appropriate.

    If the student still does not make progress despite the revisions to the IEP, consider the need for a reevaluation.

    If the student is progressing more rapidly, the staff should also review needed revisions.    		 Parents may request a reevaluation at any time, but, unless the school district agrees, the parent cannot expect a reevaluation more than once a year.

    It is important that you share the reason you are requesting the reevaluation with the school personnel. Reasons for a reevaluation might include lack of progress towards annual goals or your belief that other services might be needed.

    If there is additional relevant medical or therapeutic information available, that was not available during the previous evaluation, be sure to also share that with the evaluation group.

    If the reevaluation has been completed, but you feel that it is not sufficient, you may ask request independent educational evaluation (IEE).
    Change in Eligibility

    Student no longer needs special education    		 School districts must evaluate a student eligible for special education before determining that the student is no longer eligible for special education services.

    WAC 392-172A-03030    		 If school personnel believe that the student is no longer in need of special education, a reevaluation must be conducted to determine if the student is no longer eligible. If the district believes that your child no longer needs special education, they need to conduct a reevaluation.

    If you believe that your child is no longer in need of special education, you should request a reevaluation.
    Evaluation Results The evaluation report should indicate whether the student continues to be eligible for special education.

    If the eligible, the evaluation report shall be sufficient in scope to develop an IEP.

    WAC 392-172A-03035    		 An evaluation report documenting the results of the reevaluation and the conclusions reached needs to be completed, even if the reevaluation is conducted without additional testing. You will be invited to participate in the evaluation group meeting to review the results of the evaluation.

    If the report is available, ask the district to provide a copy to you prior to the meeting so that you have time to review the results and prepare any questions for the meeting.

  • Topic What the Law Says/Means What the School Needs to Do What Parents Need to Know/Do
    Additional Evaluation Requirements for SLD Each school district must develop procedures for the identification of students with specific learning disabilities which may include the use of:
    1. A severe discrepancy between intellectual ability and achievement; or
    2. A process based on the student's response to scientific, research-based intervention; or
    3. A combination of both within a building.
    WAC 392-172A-03045    		 The district must notify parents if it uses RTI as a basis for identifying students who may have a specific learning disability.

    If the district uses RTI, it must use scientifically researched based interventions. Information regarding the Response to Intervention (RTI) can be found on the OSPI website.

    When using RTI, the district must monitor the student’s progress at regular intervals and keep the parent(s) informed of the student’s progress.

    Districts must also respond to referrals from teachers or parents even if it is providing general education interventions.    		 Ask questions regarding which evaluation method the district will use. If they are using a response to intervention method, you should receive regular updates on your child’s progress.

    A district may say that they are using RTI, nevertheless, you always have the right to make a written referral for an evaluation if you believe your child is not making sufficient progress.

    You should also share information about other possible disabilities that might be interfering with your child’s progress in general education.
    Additional Members of the Evaluation Group Eligibility in the SLD category is made by the student's parent and a group of qualified professionals which must include:
    1. the student’s general education teacher; or
    2. If the student does not have a general education teacher, a general education teacher qualified to teach a student of his or her age; or
    3. For a student of less than school age, an individual qualified to teach a student of his or her age; and
    4. At least one individual qualified to conduct individual diagnostic examinations of students.
    WAC 392-172A-03050    		 The school needs to include the parent and the student’s general education teacher in the evaluation group.

    If the student does not have a general education teacher, or is not of school age, the district must locate appropriate personnel to participate on the evaluation group.    		 You must be invited and, if possible, attend the evaluation group meetings regarding the evaluation of your child. If it is not possible, ask if you can “attend” by conference phone or some other method.

    You have an equal voice in the decisions made, but do not have “veto power” if you disagree with the other members of the group.
    Areas of Learning Disabilities The evaluation group may determine that a student has a specific learning disability if the student does not achieve adequately for his/her age or meet the state's grade level standards in one or more of the following areas:
    • Oral expression
    • Listening comprehension
    • Written expression
    • Basic reading skill
    • Reading fluency skills
    • Reading comprehension
    • Mathematics calculation
    • Mathematics problem solving.
    WAC 392-172A-03055    		 The evaluation group, including the parent, must determine if the student is not making adequate progress in one or more of the listed areas.

    In doing so, they use either a RTI system or the discrepancy formula.

    They may also consider relevant information regarding the student’s pattern of strengths and weaknesses.    		 You should be sure to contribute information you have regarding your child’s development, learning styles and health condition.
    When the Student Does Not Qualify as Having a SLD The evaluation group may not make a determination that the student is eligible for special education services as a student with a Specific Learning Disability if any other factors are the reason for the student failing to make progress, including a visual, hearing, or motor disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency.

    WAC 392-172A-03055    		 The evaluation group needs to ensure that other factors are not present and affecting the student’s progress.

    This information can be obtained through parent reporting, school records and evaluation.

    While the group’s main focus for evaluation may be the presence of an SLD, the group still needs to ensure its evaluation is comprehensive and may need medical or therapeutic information as a part of its evaluation.    		 If your child has a history of hearing loss, visual impairments or motor disability, inform the evaluation group. Provide information about other factors, including therapy or health conditions that might contribute to your child’s learning difficulties.

    If your family speaks a language other than English in the home, the evaluation group should be informed.
    Instructional Requirements A student who has not had appropriate instruction in math or reading cannot qualify as a student with a Specific Learning Disability. The evaluation group must provide data demonstrating that the student was provided appropriate instruction in general education and have data based documentation of repeated assessments of achievement.

    WAC 392-172A-03055    		 The district must document repeated assessments of achievement which reflects the student’s progress. This documentation must be provided to the parents. Talk with the staff at your child’s school to determine what types of assessments will be used and when they will be shared with you.
    Observations Required At least one member of the evaluation group must conduct an observation of the student's academic performance in the general education classroom after the student has been referred for an evaluation and parental consent is obtained.

    WAC 392-172A-03075    		 The observation must occur in the general education classroom. If the student is receiving education somewhere other than the public school, the observation will occur in that environment. If there are specific behaviors or academic concerns that you want addressed, you should let the evaluation group know in advance. This will assist in the quality of the observation.
    Documentation Required The evaluation group is required write an evaluation report which includes the following additional information.
    • the student either does or does not have a Specific Learning Disability,
    • the basis for that conclusion, including any relevant behaviors noted during the observation of the student, and
    • any relevant medical, cultural, environmental, economic disadvantage or limited English proficiency that would affect student achievement.
    In addition, the report must indicate whether:
    • The student does not achieve adequately in one of the areas of learning disability, and
    • The student does not make sufficient progress under RTI or the student meets eligibility through a severe discrepancy formula.
    Each group member must sign the report and state whether they agree or disagree. If they disagree, they need to state why they disagree.

    WAC 392-172A-03080    		 When documenting the existence of a learning disability, the evaluation group must address each of the statements required.

    If RTI is used, the evaluation team must also address:
    • instructional strategies used
    • data collected
    • documentation that the parents were notified about the district’s policies for RTI data collection and the strategies used, and
    • the parent’s right to request an evaluation.
    		 You will be a part of the evaluation group that makes decisions about your child’s eligibility based on the evaluation. You will be provided a copy of the evaluation report.

    If the district uses RTI you should have received ongoing data to demonstrate your child’s progress. This data forms some of the basis for determining if your child is eligible for special education.

    As a member of the evaluation group, you may submit a statement addressing your conclusions if you disagree with the evaluation report.

  • Topic What the Law Says/Means What the School Needs to Do What Parents Need to Know/Do
    Parent’s Right to Independent Educational Evaluation A parent has the right request an independent educational evaluation (IEE) at public expense if the parent disagrees with the district’s evaluation.

    When parents request an IEE, the district must provide information about where an IEE may be obtained, and the agency criteria for independent educational evaluations.
    • IEE is an evaluation conducted by a qualified examiner who is not employed by the school district; and
    • Public expense means that the school district either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.
    WAC 392-172A-05005    		 When a parent requests an IEE, have information available about your district’s criteria and where IEEs may be obtained.

    The school district must either:
    • Initiate a due process hearing within fifteen days to show that its evaluation is appropriate; or
    • Ensure that an independent educational evaluation is provided at public expense, unless the school district demonstrates in a due process hearing that the evaluation obtained by the parent did not meet agency criteria.
    A school district may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.    		 IEE providers must have the qualifications to evaluate your child.  This means they must have appropriate licenses or certifications that would be required for their profession. A district can’t use criteria that would prevent you from using a private provider.

    The district will give you a list of persons who are able to conduct IEEs. You do not have to use persons who are on the district’s IEE list, but the person you select needs to be qualified in the area to be tested.

    If the district believes that its evaluation is appropriate, they are required to request a due process hearing within 15 calendar days.

    If the hearing decision is that the district's evaluation is appropriate, you still have the right to an independent educational evaluation, but not at public expense.
    Limitations A parent is entitled to only one independent educational evaluation at public expense each time the school district conducts an evaluation with which the parent disagrees.

    WAC 392-172A-05005    		 If the parent requests an IEE, notify your special education director so that proper notifications and steps can be taken. If you disagree with the district’s evaluation, you have the right to request an independent evaluation at public expense each time the district evaluates your child. You only have the right to one request per district evaluation.
    Use of Information from an IEE Independent educational evaluation results must be considered by the school district in any decision made with respect to a FAPE and may be presented as evidence at a hearing.

    WAC 392-172A-05005    		 The school personnel need to consider the results of the IEE when making decisions about a student’s program. This includes IEEs paid for by the district and those that are obtained privately by the parent if the IEE provider is qualified to conduct the IEE. If the district does not already have a copy of the IEE, share the results with school personnel and schedule a meeting to review the report. If it is possible, have the outside evaluator share their findings with school personnel.

Adapted from Washington Education Association Special Education Support Center