Evaluations vs. IEP Meetings – A Very Important Distinction

A client recently told me they received a notice for an “evaluation meeting”.  Huh?  I asked, do you mean an IEP meeting?  The client wasn’t sure because the notice said just that – evaluation meeting.

THERE IS NO SUCH THING AS AN EVALUATION MEETING!

Since I figured school districts are trying to confuse parents by using the terms “evaluation” and “IEP meeting” interchangeably, let me clarify the difference between the two for everybody.

What the law says

IDEA is very specific about what an “evaluation” is and what an “IEP meeting” is.  And they are in separate sections of the statute.  Here is what that law says:

Evaluation, 20 U.S.C. §1414(a), (b), and (c)

Initial evaluation: “A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evaluation . . . before the initial provision of special education and related services to a child with a disability under this subchapter.”  20 U.S.C. §1414(a)(1).

In other words, before a student can receive special education and related services for the first time, the school must conduct an initial evaluation of the child.  This is part of their “Child Find” responsibility if someone suspects that the child has a disability that impacts their education.

The next few subsections discuss the procedures used and the purpose of an initial evaluation (“to determine [eligibility]  within 60 days of receiving parental consent for the evaluation”) and parental consent.

Reevaluation: “A local educational agency shall ensure that a reevaluation of each child with a disability is conducted . . . if the local educational agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or if the child’s parents or teacher requests a reevaluation.” 20 U.S.C. §1414(a)(2).

Thus, re-evaluation of a child must occur if the school believes a change in services is necessary or if a parent or teacher requests it.  Here is a very important part:

Reevaluation MUST occur at least every three (3) years, but not more than once a year, unless the parents and school agree that reevaluation is not necessary.

20 U.S.C. §1414(a)(2)(B).

What does an evaluation involve? “In conducting the evaluation, the local educational agency shall use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent (to determine if there is a disability and what will be necessary in an IEP); shall not use any single measure or assessment as the sole criterion for determining (disability or the education program); and use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.”  20 U.S.C. §1414(b)(2).

What the heck does all that mean?

It means that the school must use valid testing methods and get input from the parents and others who know the child in performing the evaluation.  The school can’t simply rely on what the teachers say.

This is where the trouble starts, because schools think that they can conduct an “evaluation” or “reevaluation” by simply having a meeting.  They can’t.

Let’s continue.

IEP Meeting, 20 U.S.C. §1414(d)

IEP Meeting:  The IEP Team (parents, at least 1 gen ed teacher who knows the child, at least 1 special ed teacher who knows the child, a representative of the school district who knows the resources available, a person who can interpret evaluation results, and possibly others) must assemble to develop an IEP for the child.  20 U.S.C. §1414(d)(1)(B) and (C).  This is an IEP meeting.

The Team must meet to ensure that an IEP is in effect for each child with a disability in the school district by the beginning of the school year in the Fall.  20 U.S.C. §1414(d)(2)(A).    The IEP meeting must occur “periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved.”  20 U.S.C. §1414(d)(4)(A).

So, hopefully you’re still with me.  And you can see that the law is crystal clear that an evaluation is something different than an IEP meeting.

So why are schools getting this mixed up (maybe on purpose)?

One sentence in IDEA may be the culprit:

“To the extent possible, the local educational agency shall encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.”  20 U.S.C. §1414(d)(3)(E).

The statute doesn’t explain what a “reevaluation meeting” is, but I think it refers back to the section quoted in Reevaluation above, namely a meeting to determine if a reevaluation is needed.  It is not a meeting where an evaluation takes place, but rather to decide if one is necessary.

Nevertheless, ASK the school what they mean by an “evaluation meeting”.  Ask them if they mean a meeting to decide whether reevaluation is necessary or if they mean an IEP meeting or a combined meeting.  And, as always, DO IT IN WRITING!

If you want further information on this, get our book SchoolKidsLawyer’s Step-By-Step Guide to Special Education Law or contact us for a consultation.

 

 

The Law on Independent Educational Evaluations (IEEs)

Evaluations of your disabled child are critical to your child’s success in school and life.  If done properly, they can provide insights into services, therapies and accommodations that your child needs to access a “free appropriate public education” or FAPE.  But if not done properly, it can prevent your child from ever getting a proper education and destroy his/her future.

The PLAAFP

If your child is eligible for an IEP, his/her IEP must accurately reflect a child’s “present levels of academic achievement and functional performance” or PLAAFP.  20 U.S.C. §1414(d)(3); Schaffer v. Weast, 546 U.S. 49, 53, 126 S.Ct. 528, 163 L.Ed.2d 387 (2005) (“Each IEP must include an assessment of the child’s current educational performance, must articulate measurable educational goals, and must specify the nature of the special services that the school will provide.”)  An IEP must address all of the student’s needs, which should be detailed in the PLAAFP part of the IEP.

How to make sure the PLAAFP is accurate

The only way a PLAAFP is accurate (and then the goals are appropriate) in an IEP is to make sure the evaluations of your child are valid and accurate.

The main body of IDEA 2004 enables schools to perform evaluations of children with disabilities.  See 20 U.S.C. §1414.  That section talks about initial evaluations and reevaluations and how they are performed and used by school district personnel in making special education decisions, like IEPs.

What if the school’s evaluations are not accurate or finding what you or your child’s doctor suspect?

If a school’s assessments are not matching what you have observed or your child’s outside medical personnel are documenting, you may need to get independent evaluations of your child.  But that is expensive, especially if your insurance doesn’t cover them.

Perhaps one of the more important sections of IDEA is found in the federal regulations.  34 C.F.R. §300.502 is the regulation for Independent Educational Evaluations or “IEEs”.  Here are the most critical portions:

  • “The parents of a child with a disability have the right under this part to obtain an independent educational evaluation of the child” subject to some rules.
  • “A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the [school] . . . .”
  • “If a parent requests an [IEE] at public expense, the [school] MUST, without unnecessary delay, either (i) File a due process complaint . . . or (ii) Ensure that an [IEE] is provided at public expense unless the [school] demonstrates in a [due process hearing] that the evaluation obtained by the parent did not meet agency criteria.”

The most important parts of this are that (a) the parents have a RIGHT to request an IEE if they disagree with the school’s evaluation; (b) the IEE must be at public [the school district’s] expense; (c) the school district has ONLY two options – to enable the IEE or to challenge it via a due process hearing.  Very simple.

The school district’s delay tactics

But, the school districts want to try to make this more difficult.  How?  They delay, delay, delay in responding to a request for an IEE.  They believe this is defensible because of the clause “without unnecessary delay.”  The school district will argue that a few days, a few weeks, even a few months is not unnecessary delay.  The courts have not really dealt with this issue decisively yet.  I think it is a very fair counterargument by the parents that a few days is OK, but a few weeks or longer is not OK.  After all, the further an IEE is delayed, the further a revised or improved IEP is delayed, and thus the further the child’s FAPE is delayed.

Do NOT allow a school district to linger on your request for an IEE.  If you have valid reasons to request an IEE, keep sending reminders to the school of your request.  If they delay too long, contact a special education lawyer or file a due process complaint on your own on this ground.

If you wish to demand an IEE for your child, download our FREE special education forms packet which includes a letter IEE demand.