Understanding When Re-Evaluation is Necessary
A child’s needs change as they grow. What your child needed in elementary school is very different than what they need in high school. His or her coping skills, life skills, social skills, psychological health, and academic present levels also change. Grades are not the sole indicator of where a child is performing, especially when his or her instructional level is not clear due to modified instruction. Whether your child has a Section 504 plan or an IEP, your School district must evaluate your child on a periodic basis, including when it is clear that their needs may have changed.
For children who are eligible for special education and have an IEP, the Individuals with Disabilities Education Act (IDEA), specifically 34 CFR 300.303 (a), requires that a public agency must ensure a reevaluation at least every three years or if the child's parent or teacher requests a reevaluation. IDEA only allows the school to skip the evaluation if both the parent and the school jointly agree that no new evaluation is necessary.
For children who have a Section 504 plan, the requirement is simply periodic reevaluations based on need.
In addition to these requirements, there are other triggers for re-evaluation. These include:
1. A request for a re-evaluation. If you suspect your child needs a new evaluation you can always request it. So can the teacher. A parent’s request for a new evaluation will trigger the school to respond by either agreeing to conduct the evaluation or providing you with written notice as to why they think it is unnecessary.
2. Behavioral Issues: When a child’s behavior gets worse, doesn’t improve, or becomes unmanageable a new evaluation needs to be strongly considered, in addition to an updated Functional Behavioral Assessment and Behavior Intervention Plan.
3. Lack of Progress: When a child is not making progress or grades are declining, it will be important to determine why this occurring. This should be a trigger for both the parent and the school that more data may be needed to better plan for the student educationally.
4. Discipline and Change of Placement: Placement changes of more than 10 consecutive days within the school year for a child with an IEP constitute a significant change in placement. In addition to triggering the requirement for a Manifestation Determination Review this should also trigger a re-evaluation of the student’s needs.
5. LRE and Placement: In situations where a School is asking to make a child’s placement more restrictive or is arguing that he or she needs a residential placement, therapeutic day, or even a specialized classroom, it is important to re-evaluate first.