Welcome back to learning about what is needed to complete a Comprehensive Special Education evaluation. In part 2, I talked about the importance of planning comprehensive special education evaluations is emphasized. The process involves a collaborative approach among educators, specialists, and parents to ensure each child’s unique needs are accurately identified and met. It covers the key steps and considerations, including reviewing existing data, conducting new assessments, and integrating parental input. The post also highlights the necessity of adhering to legal requirements and timelines, particularly those specified by the Individuals with Disabilities Education Act (IDEA). Effective planning and execution of these evaluations are crucial for developing appropriate Individualized Education Programs (IEPs) that support student success.  Read it here.

Not going to lie here-getting parent input is hard. And sometimes really hard. But you need it. Like legally need it. You must have the parent's voice throughout the whole process not just the IEP but also the evaluation. Colorado's Dispute and Complaint Office has shared that if that it's the first thing they look for when looking at an IEP or evaluation. 

Notice of start of evaluation or reevaluation and appointment of IEP team

Determine who the IEP team participants are with collective expertise about areas of student strength and need, age and grade level standards and expectations, disability category criteria, and state and federal evaluation process requirements. In an Initial IEP use the RTI/MTSS data. If a three-year reevaluation, use the current IEP to drive what needs to be done. 

Remember, parents are part of the team. Ask them! 

Make sure if additional specialists are needed on the team to provide expertise about concerns representing particular areas of need such as specific medical, health concerns, or behavior. 

The Individuals with Disabilities Education Act (IDEA) emphasizes the importance of parental input in the special education process. Several sections of the law highlight the critical role that parents play in developing and implementing their child's Individualized Education Program (IEP).

Parental Input in the IEP Process

IDEA say --

34 CFR § 300.322 Parent participation:

• (a) Public agency responsibility—general. Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including—
• (1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
• (2) Scheduling the meeting at a mutually agreed on time and place.
• (b) Information provided to parents.
• (1) The notice required under paragraph (a)(1) of this section must—
• (i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and
• (ii) Inform the parents of the provisions in § 300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and § 300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act).
• (2) For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice also must—
• (i) Indicate—
• (A) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with § 300.320(b); and
• (B) That the agency will invite the student; and
• (ii) Identify any other agency that will be invited to send a representative.

34 CFR § 300.324 Development, review, and revision of IEP:

• (a) Development of IEP—
• (1) General. In developing each child’s IEP, the IEP Team must consider—
• (i)The strengths of the child;
• (ii) The concerns of the parents for enhancing the education of their child;
• (iii) The results of the initial or most recent evaluation of the child; and
• (iv) The academic, developmental, and functional needs of the child.
• (b) Review and revision of IEPs—
• (1) General. Each public agency must ensure that, subject to paragraphs (b)(2) and 
• (b)(3) of this section, the IEP Team—
• (i) Reviews the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and
• (ii) Revises the IEP, as appropriate, to address—
• (A) Any lack of expected progress toward the annual goals described in § 300.320(a)(2), and in the general education curriculum, if appropriate;
• (B) The results of any reevaluation conducted under § 300.303;
• (C) Information about the child provided to, or by, the parents, as described in § 300.305(a)(2);
• (D) The child’s anticipated needs; or
• (E) Other matters.

But Amanda J. v. Clark County School District 267 F.3rd 877 also states “Parents not only represent the best interests of their child in the IEP development process, they also provide information about the child critical to developing a comprehensive IEP and which only they are in a position to know.” 

These sections of IDEA emphasize that parents must be included in the IEP team meetings, their input must be considered in the development of the IEP, and they have the right to be informed and participate actively in the decision-making process regarding their child's education. If a complaint is filed this will be the first thing the state will look for. 

Plan the Evaluation - Review of Existing Data and determine if additional assessment is needed

Create student-specific developmentally and educationally relevant questions using either the student’s RTI/MTSS data or the current IEP and its data.  Make sure you are looking across all domains to assess the whole child: academic, cognitive learning, communication, independence and self-determination, social and emotional, physical, and health. 

Ask any needed clarifying questions around suspected areas of need as well as related concerns of those who interact with the student in and out of school by asking developmentally and educationally relevant questions.

Identify existing functional, developmental, and academic information about student access, engagement, and progress in general education curriculum, instruction, and other school activities, and environments. Review and refine educationally relevant questions as needed to ensure nothing will be missed. Within the RTI/MTSS system these questions, concerns, and data should be already documented.

Consider potential disability categories that should be considered so sufficient information will be available to apply initial or reevaluation disability category criteria. Make sure the IEP team includes individuals with expertise in the category(ies) of disability that may be considered. Ask hard questions like, “Do we have cognitive concerns?, Do we suspect Autism?, Do we suspect Dyslexia?”

Decide what, if any, additional data or other assessment information is needed to explore all areas of suspected academic and functional skill concern, areas of student strengths and assets, and to apply anticipated disability category criteria. A comprehensive evaluation includes a mix of formal and informal testing to answer the team's questions.

Use a problem-solving framework (e.g., RIOT/ICEL) to guide the review of existing data and maintain focus on the whole student. Consider information about instruction, curriculum, learning environments, and the student. I have shared this before, this is the form my building uses for all RTI/MTSS student concerns. 

Notice and Consent - Need to Conduct Additional Assessment

Before moving forward, ensure data and information that will be used to make evaluation decisions comes from multiple sources and is collected using a variety of assessment tools and methods such as record reviews, observations, interviews, curriculum-based evaluation, and norm-referenced standardized tests; and includes information gathered in the student’s natural learning environments. (formal and informal assessment data points)

Document review of existing data and decision about additional assessment or other information needed.

Communicate with the family and others to clearly explain who will administer assessments and collect other information, the types of assessments that will be implemented, and the tools used to collect other information, and clarify any questions that family members or others may have.

Chat Soon-

References:

Statute and regulations. Individuals with Disabilities Education Act. (2024b, January 26). https://sites.ed.gov/idea/statuteregulations/ https://sites.ed.gov/idea/statuteregulations/ 

PS: Introducing "A Guide to Special Education for Parents and Teachers," a comprehensive resource available in my Teachers Pay Teachers store. This guide provides valuable insights and practical strategies for navigating the special education process. Designed for both parents and educators, it covers essential topics such as the Individualized Education Program (IEP), legal rights, assessment procedures, and effective communication techniques. With clear explanations and actionable advice, this guide empowers stakeholders to collaborate effectively, ensuring that students with special needs receive the support and services they deserve. Ideal for those seeking to enhance their understanding and advocacy in the realm of special education.

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