Project C.A.R.E.
Founder, Darion L. James, Ph.D
Special education does not mean that a student is incapable of learning, it means that may need different supports in order to succeed.
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Evaluation Policy
Initial Evaluation Referral
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Request for initial evaluation. Consistent with the consent requirements in § 300.300, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.
This is “request” for evaluation is commonly known as a referral.
Referral for Initial Evaluation
District of Columbia Municipal Regulations (DCMR)
(a) A child with a suspected disability who may need special education and is at least two years, eight months of age and less than twenty-two years of age, shall be referred, in writing, to an IEP team.
(b) A referral, which shall state why it is thought that the child may have a disability may be made by the following:
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A child’s parent or person in a parental relationship; or
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A child (self-referral) who is between the ages of eighteen and twenty-two years of age or an emancipated minor who is eligible to attend the LEA; or
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A professional staff employee of the LEA, or
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A staff member of a public agency who has direct knowledge of the child.
A referral may come from a variety of sources, including:
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Early Childhood Screening
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Part C Infant-Toddler Program
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General Education Intervention (e.g. Student Support Team (SST) or Response to Intervention (RTI) Team)
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Parent
• Self-referral by Adult Student (or on behalf of a minor-age student who expresses a concern)
• Public Agency
• Medical Professionals
• Student’s Teacher
Practical Application of Referral
A referral is defined as written documentation that clearly states why it is thought that the child may have a disability.
There are no “magic words” to indicate that a referral is needed.
Example: Parent may come to school staff/teacher concerned about their child’s academic progress, but may not know how to articulate their concern in a precise manner.
Every LEA is responsible for recognizing when a parent needs help, to further clarify the parent’s request, and document the referral in writing.
Initial Evaluation Process
Timelines for Initial Evaluation
Federal Regulatory Timeline
The initial evaluation must be conducted within sixty (60) days of receiving parental consent for the evaluation; or if the State establishes a time-frame within which the evaluation must be conducted, within that timeframe.
State Timeline (District of Columbia)
The LEA must complete an initial evaluation, including the eligibility determination, of a child suspected of having a disability within 120 calendar days of receiving the written referral.
Timeline Exception
The 120 day timeframe does not apply if:
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The parent of a child repeatedly fails or refuses to produce the
child for the evaluation; or
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A child enroll in a school of another public agency after the relevant timeframe [120 calendar days] has begun, and prior tothe determination by the child’s previous public agency as to whether the child is a child with a disability.
Analyzing Existing Data
Review of existing evaluation data. As part of an initial evaluation ... the IEP Team and other qualified professionals, as appropriate, must--
(1) Review existing evaluation data on the child, including
(i) Evaluations and information provided by the parents of the child;
(ii) Current classroom-based, local, or State assessments, and classroom-based observations; and (iii) Observations by teachers and related services providers; and
(2) On the basis of that review, and input from the child’sparents, identify what additional data, if any, are needed todetermine...Whether the child is a child with a disability...and the educational needs of the child.
Initial Evaluation Documentation
***Assessments are Part of Evaluation Process***
EXAMPLES OF INFORMAL SOURCES OF DATA
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Progress monitoring
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Response to Intervention
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Classroom activities, projects, observations, logs, checklists
EXAMPLES OF FORMAL SOURCES OF DATA
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Assessments administered by trained provider
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Medical assessment
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Curriculum-Based Measurement (CBM)
Are Prior Written Notice (PWN) and consent always needed for assessments?
• Not required if assessment is conducted before a child is suspected of having a disability, as part of a screening process (for all children).
• Required if the assessment is conducted after a child is suspected of having a disability and has been referred for an evaluation under the IDEA.
Screenings Come Before Evaluation
The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.
Screening practices for academic performance are effective when:
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Appropriate instruction is delivered in the general education setting by qualified personnel.
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Instruction and interventions are provided at varying intensity levels (also known as differentiated learning).
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Progress monitoring data is collected reflecting a child’s progress during instruction.
Multiple Sources of Data Required
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Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent;
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Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child; and
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Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.
Re-evaluation Requirements
Local Regulatory Requirements
As part of ... any reevaluation, the IEP team, including other qualified professionals, as appropriate, shall:
(a) review existing evaluation data on the child, including:
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evaluations and information provided by the parents of the child;
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current classroom-based assessments and observations; and
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observations by teachers and related service providers.
A reevaluation is defined as an evaluation conducted after the initial evaluation.
It is the process by which the IEP Team gathers data to determine:
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If the child with a disability still has a disability;
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The present levels of academic achievement and related developmental needs of the child;
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Whether the child continues to need special education and related services, and;
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Whether any additions or modifications to the special education and related services are necessary.
As in the case of an initial evaluation, the IEP Team may agree to determine eligibility without conducting additional assessments.
When is a Reevaluation Required?
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A reevaluation must occur once every 3 years, whether or not the child’s needs have changed, unless the parent and LEA agree that a reevaluation is unnecessary.
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Reevaluation is required before determining that a child is no longer eligible for special education and related services, unless the child is graduating with a regular high school diploma or is aging out of the system.
