Once the LEA has agreed to conduct a special education evaluation, the attorney should remain vigilant to ensure that the process moves forward in a timely manner and follows all required procedures. As the timeline for evaluations begins when the LEA obtains parental consent, the attorney should take the steps necessary to ensure that the parental consent form is provided, signed, and submitted promptly.1
Along with or as part of the parental consent form, a parent should also receive a list of all of the areas of assessment that will be included in the evaluation. It is important to review this list to ensure that the student will be assessed in all areas of concern and to request that appropriate areas of assessment be added if any have been left out. If there is any concern, it may be advisable to ask the LEA for an assessment plan that includes a list of the particular assessment tools that will be used in each area of evaluation. Some assessment tools are designed or normed for students in a particular age range or developmental level and others may be more or less appropriate for students who are culturally or linguistically diverse.2 In order to understand whether the assessments being used are appropriate and whether additional areas of assessment should be included in the evaluation, it is important for the attorney to research both the legal criteria for eligibility in each potential category of exceptionality and the instruments commonly used to assess for areas of need related to those exceptionalities.3 Although resolving concerns over the areas of assessment and assessment tools to be used may delay the start of the evaluation, it may be worth taking the time to address those issues on the front end to avoid the need to extend evaluation timelines for additional assessments towards the end of the evaluation process. Ensuring a comprehensive evaluation is important not only because failure to assess thoroughly could negatively affect the eligibility determination, but also because the information and recommendations contained in the evaluation will be used to drive the development of an appropriate IEP by providing an accurate picture of the student’s needs, strengths, and learning style.
After the evaluation timeline has begun, an attorney should remain in contact with the client to ensure the evaluation remains on track to be completed within 60 business days.4 Several weeks prior to the deadline for the completion of the evaluation, the attorney should reach out to schedule the dissemination/eligibility determination meeting and to request that a draft of the initial evaluation report be provided as far in advance of the meeting as possible so that the attorney can help the parent prepare to participate fully in the meeting. Upon receiving the draft evaluation report, the attorney should review it carefully to understand the recommendations, findings, and underlying data it contains.5 Although the final eligibility determination is not made until the conclusion of the dissemination meeting, the LEA’s position can often be divined from the draft report. If it appears the student will not be found eligible from the draft report, the attorney should be fully prepared to argue that the evaluation data, previous school records, outside evaluations and medical records, and information provided by parents and teachers support a finding that the student qualifies for special education under a particular exceptionality.
It is also possible for the evaluation team to find a student eligible for special education, but under an exceptionality with which the parent disagrees. For example, the LEA may wish to find a student eligible under the exceptionality of Emotional Disturbance (“ED”) while the parent might feel that the exceptionality of Other Health Impairment (“OHI”) is more appropriate. Although the exceptionality should not affect the IEP services and supports since those should be based on individual need, a parent might wish to avoid a label such as ED that carries a stigma. In such instances, it is once again important for the attorney to develop a mastery of both the legal criteria for each exceptionality, some of which are similar to one another, and the data, records, and history of the child.
If despite this advocacy the evaluation team still concludes that the student is not eligible for special education or is eligible under an exceptionality with which the parent disagrees, the attorney should consider requesting an IEE at public cost and resorting to formal dispute resolution to challenge the eligibility determination.
- 1For a sample Parental Consent for Initial Evaluation form developed by LDE, see La. Dep’t of Educ., Parental Consent for Initial Evaluation (2008).
- 2See Jane Burnette, ERIC Development Team, ED449637 2000-12-00, Assessment of Culturally and Linguistically Diverse Students for Special Education Eligibility (2000).
- 3For a list of common tests used to assess in different areas of need as part of a special education evaluation, see Arc Guide to Special Education Evaluation Tools, The Arc Minn.
- 4La. Bulletin 1508 § 511.
- 5For an overview of how to understand the results of psychometric assessments and their applicability to eligibility criteria, see All. For Children’s Rts., Special Education Eligibility Checklist (2018).