Happy October Friends!
This blog is intended to be a ‘Reader’s Digest’ version of the school-based evaluation process (which is one of the preliminary steps in the special education/IEP qualification process).
What we do know is that we all learn differently. If I know anything to be true…I’m all-in on that fact. Some individuals are able to take in and process information with ease. For others, learning may be globally compromised; and for others learning differences may be more specific. So how do we make sense of that? How do we gain understanding of how a child learns, particularity when they are exhibiting learning problems or present with unique learning needs?
Psychoeducational evaluation is a process by which we gather data to better understand the distinctive characteristics that could help explain a child’s strengths and weaknesses. Evaluations can be completed by private or school-based practitioners (but for the purposes of this blog we are focusing on schools). For some of you reading this, the process of getting the school to consider your concerns may have been met with frustration and confusion. So, let’s walk through the basics of the process.
THE LAW – IDEA, 2004
Public school districts receive federal funds to support special education evaluation and programming. The Individuals with Disabilities Education Act (IDEA), 2004 requires all school districts to identify, locate and evaluate all children with disabilities, regardless of the severity of their disabilities. This applies to all children who reside within a state within the United States, including private schools and public schools, highly mobile children, migrant children, homeless children, and children who are wards of the state. This includes all children who are suspected of having a disability, including children who receive passing grades and are "advancing from grade to grade."
I HAVE CONCERNS ABOUT MY CHILD…WHAT IS MY FIRST STEP?
Your first point of contact should be your child’s teacher (s). Schedule a parent/teacher conference virtually or in person. Share you concerns so the teacher can comment specifically on what they see within educational environment. Make a list of questions and points to be addressed. Provide work examples to support your concern(s). Ask and explore what school-based services are available (tutoring, reading groups, behavior plans, skill building groups, lunch-bunch, afterschool support, etc.)
• Referral to the school’s intervention team may be warranted. There are different variations on the name, but they are all designed to address educational challenges. Providing the team with any private evaluations, progress notes, or treatment plans can prove very helpful. While these may not be provided by the school district; they are none-the-less interventions and should be considered.
• The intervention team is essentially group of multidisciplinary professionals who recommend a systematic sequence of supports to struggling students. Their goal is to address the presenting concerns including:
• Identifying the areas of difficulty.
• Developing or selecting an intervention strategy or support.
• Establishing the goals of the intervention based on baseline data and reasonable growth projections.
• Duration and frequency of the intervention.
• A description of how the child’s progress will be measured.
• Timeframe for following up about the child’s progress.
REQUESTING AN EVALUATION
When a child’s is presenting with significant difficulty or the progress is less than expected, despite interventions, an evaluation for special education eligibility may be the next step. Anyone can initiate a referral; however, most often, classroom teachers, other school personnel, or parents/guardians make this request. When parents/guardians are the ones making the request, consider the following:
• Put the request in writing, via email (with read receipt) and/or certified mail. Avoid phone calls or voicemails. This will help you and the school team reference details that need to be clarified or refreshed. Include:
• Date of request.
• Child’s name.
• Date of birth.
• Teacher and grade.
• Content should include a brief summary of what you are requesting and why.
• Include your contact information, an expectation of follow-up within two weeks, as well as the dates and times you are available to discuss your concerns with school-based team.
• Include: your child’s teacher, school principal, special education coordinator/director, and school psychologist. (This may seem excessive; but it just alerts those who need to be in-the-know. Also, life happens… maternity/paternity leaves, changing jobs, retirement, illness, etc. If only one person has the information, progress can be delayed).
REFERRAL MEETING- CONSIDERING THE REQUEST
Once you have sent the request, school personnel should reach out about your concerns and/or schedule a meeting designed discuss the request and concerns. This will involve a review the child’s educational record and any other relevant data (i.e. grades, standardized test scores, disciplinary records, relevant medical records, intervention data, attendance, information provided by the guardians, teacher comments, private evaluations, etc.) to determine if there is sufficient evidence that rises to the level of SUSPECTING a disability. No determinations are made here. Either there is enough to support the need for additional assessment or there is not.
WHAT IS THE GOAL OF THE REFERRAL MEETING?
OPTION 1: AGREEMENT TO EVALUATE
The district agrees an evaluation is warranted to determine the existence of a disability and the extent to which the disability impacts the child educational functioning.
What to expect?
• Planning – This portion of the meeting deals with what areas of functioning need to be further investigated (i.e., cognitive functioning, academic skills, phonological processing, speech language, fine motor, executive functioning, hearing, vision, social emotional functioning, etc.). This is done to gather necessary information to decide about whether or not a child qualifies for special education services. Important note: The evaluation must be sufficiently comprehensive to identify all of the child’s special education and related services, whether or not commonly linked to the disability category being considered for the child.
• Areas of eligibility include: autism, deaf-blindness, deafness, visual impairment (including blindness), hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment (i.e. this category covers a host of medical issues that may adversely impact a child’s functioning including ADHD), specific learning disability, speech or language impairment and/or traumatic brain injury.
• Timelines- Districts have 60 days from the time of consent (written permission) to complete the evaluation. This may conclude sooner but not later unless there are significant circumstances that prohibit the district from having access to the child.
• An eligibility meeting will be scheduled within that 60-day timeline.
• Parents/guardians must be provided a copy of procedural safeguards/parent rights.
OPTION 2: RUFUSAL TO EVALUATE
When the educational team denies the request for evaluation, the reasons and subsequent or alternative actions need to be well documented, placed in the child’s educational record, and provided to the parents/guardians. Accommodations or general education interventions may be implemented instead or as an initial step. The child’s progress should be monitored regularly (again, with appropriate documentation that may guide future educational decision making). Parents may disagree with the decision and seek private evaluation at their own expense (which may or may not qualify for reimbursement by the school district).
ELIGIBILITY MEETING (This comes after the district agrees to evaluate).
Within that 60-day timeline; the educational team (including parent) will reconvene to review the results of the evaluation and determine if the child qualifies for special education services. In order to qualify the team needs to document the existence of a disability AND that the condition adversely impacts a child’s functioning to the extent that they require specialized instruction. It is possible that the team agrees the child has a disability but disagree that they require specialized instruction as a result. In this case, they would not qualify. Should your child qualify, another meeting will be scheduled within 30 days to develop the IEP.
SPECIAL CIRCUMSTANCES
DISAGREEMENT WITH THE SCHOOL’S EVALAUTION
(regardless of whether the student qualified or not)
If the parents/guardians disagree with the evaluation provided by the school district, they have the right to ask for an Independent Educational Evaluation (IEE) at public/tax payers (school district) expense. This means parents/guardians can select a private evaluator to conduct another evaluation. The district may ask for the reason for the disagreement, but parents/guardians are not required to provide one. If a parent requests an IEE, the district has two options:
1) Agree to the request and pay for the IEE. Districts must offer a list of qualified professionals from which they can choose; however, parents do not need to select a practitioner from that list. That being said, if parents select someone not on the list, that professional’s credentials must meet or exceed those that the district using as minimum hiring qualifications for an equivalent practitioner).
2) Initiate a due process hearing wherein an individual from the state board of education weighs in on the case. They may determine that the evaluation was appropriately comprehensive and support the districts evaluation as sufficient. On the other hand, they may indicate the need for additional information and grant the IEE. School districts rarely elect for the option of due processes as it is often more time consuming and taxes more resources than granting the IEE).
WHAT CAN I DO TO ADVANCED MY UNDERSTANDING?
Consult with professionals – that could be an individual in the field of education, psychology, child development, medicine, special education law, or advocacy. Your child’s district or local education agency (LEA) are required to provide you with information about how to access assistance in understanding the special education process and your rights as a parent. You can access Psychology Today, the Council of Special Education Advocates and Attorneys, your state’s department of education, US Department of Education, Wright’s Law, etc. for more detailed guidance. Request guidance and ask other parents questions. Accessing social media platforms can provide a wealth of information. Local Facebook groups addressing special education or specific disabilities have been a wonderful resource for many!
Final Note: Approach team discussions with purpose, reason,

and expectation. It can be intimidating to face a team of educators and professionals. Make your points clear and concise. As much as possible, avoid allowing negative emotionality to color the conversation. This is where friends, family, advocates and/or other professionals can help support the parents/guardians in communicating their needs and understanding the process.
Written by Dr. Renee Lake, Ph.D.
Carolina Anchor Psychological and Educational Consulting, LLC
(843) 256-6814