FAQ related to Reevaluation:

1. What do I do if the parent doesn't respond to the request for consent for reevaluation?

If a parent does not respond to requests to provide consent for a reevaluation, the LEA can proceed with evaluation after reasonable measures have been made to gain consent.


Within Go-IEP, the team would start the Reevaluation Eligibility to make the continued eligibility determination after gathering additional evaluation information.


(3) REEVALUATION. (a) Each LEA must ensure that a reevaluation of each child with a disability is conducted at least once every 3 years, unless the parent and the LEA agree that a reevaluation is unnecessary: 1. If the LEA determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrants a reevaluation; or 2. If the child's parent or teacher requests a reevaluation. [34 C.F.R. § 300.303(a)(1) – (2); § 300.303(b)(2)] (b) Limitation. A reevaluation may not occur more than once a year, unless the parent and the LEA agree otherwise; and must occur at least once every 3 years, unless the parent and the LEA agree that a re-evaluation is unnecessary. [34 C.F.R. § 300.303(b)] (c) Each LEA shall obtain informed parental consent prior to conducting any reevaluation of a child with a disability, except that such informed parental consent need not be obtained if the LEA can demonstrate that it has taken reasonable measures to obtain such consent and the child's parents failed to respond. [34 C.F.R. § 300.300 (c)(1) – (2)]


2. What do I do if the parent returns the consent form indicating they do not consent to reevaluation?

a. The LEA can choose to decline to pursue the reevaluation. Within GO-IEP, if the meeting has already been finalized, a ticket would need to be submitted requesting that the link which now says "Start Reevaluation Eligibility" be changed to "Start Reevaluation Data review". A new very thorough reevaluation data review would need to be conducted describing all of the data the system currently has that would indicate continued eligibility. If parent declines consent for reevaluation during the meeting, and the committee members are all comfortable with the decision to not evaluate, the determination can be documented as no evaluation is needed and the system could use the notes section to document that the school offered an evaluation, but the parent declined.


b. If the LEA believes, based upon the existing data, the student does not continue to need special education and related services, the LEA can discontinue special education services and supports. 


Within GO-IEP, the Reevaluation Eligibility meeting would be completed using all of the existing data (informal and prior formal evaluation information). Within the meeting notes, the team would document that many areas were not formally assessed due to parent denial of consent for reevaluation.


From Q D-4 in OSEP Q and A on IEPs, Evaluations, and Reevaluations:

If the public agency chooses not to pursue the reevaluation by using the consent override procedures described in 34 CFR §300.300(a)(3), and the public agency believes, based on a review of existing evaluation data on the child, that the child does not continue to have a disability or does not continue to need special education and related services, the public agency may determine that it will not continue the provision of special education and related services to the child. If the public agency determines that it will not continue the provision of special education and related services to the child, the public agency must provide the parent with prior written notice of its proposal to discontinue the provision of FAPE to the child consistent with 34 CFR §300.503(a)(2), including the right of the parent to use the mediation procedures in 34 CFR §300.506 or the due process procedures in 34 CFR §§300.507 through 300.516 if the parent disagrees with the public agency’s decision to discontinue the provision of FAPE to the child.


3. What do I do if the parent initially provides consent to reevaluate, but later revokes consent to reevaluate?

Within GO-IEP, any completed evaluation information could be documented on the Reevaluation Eligibility and the meeting would be completed using all the existing data (informal, still applicable prior formal evaluation information, and formal evaluation data completed prior to revocation).  Within the meeting notes, the team would document that many areas were not formally assessed due to parent revocation of consent for reevaluation.