At points during the eligibility process or at differing times during a student's educational career, evaluations or tests may occur. This section of the Handbook will examine school district evaluations and independent evaluations which are conducted upon parental request.
School District Evaluations District evaluations are conducted at three points
in time. First, and as discussed earlier in the Eligibility
Section, a district must conduct an initial evaluation for eligibility?.20
U.S.C. 1414(a)(1); 34 CFR 300.531. An initial evaluation must test all
areas of suspected disability as well as assess the child's educational
progress and history. At the district's choice, additional optional assessments
may include health, psychological, and home assessments?.603 CMR 28.04(2)(b).
Second, a child may be reevaluated. A reevaluation must occur at least every three years, but a reevaluation may occur more often at parent or teacher request if it appears that a reevaluation is needed?.20 U.S.C. 1414(a)(2). In addition, districts must review a child's IEP each year, and the district may also schedule evaluations for medical reasons if a student is likely to remain at home for medical reasons for more than 60 days.
Finally, each child must be evaluated prior to termination of eligibility for special education services?.20 U.S.C. 1414(c)(5). A parent may waive this final test but it is a very good idea to conduct the final evaluation to be sure that the right decisions are made about eligibility by both parents and the district.
During these evaluations, the following points are worth noting. Notice must always be provided to parents of an evaluation?.34 CFR 300.503. If a district makes reasonable efforts to notify a parent and the parents do not respond to a request to evaluate, then a district may proceed with an evaluation without parental consent?.20 U.S.C. 1414(c)(3); 34 CFR 300.505(c); 603 CMR 28.07(b).
The regulations also provide very detailed further steps for a TEAM to follow when it decides whether a child has a specific learning disability. In essence, the regulations walk through a 3 step process required to find that a child has a learning disability.
When conducting evaluations, districts must use a variety of tools and strategies to conduct the evaluation; involve parents in the evaluation process; and determine a child's ability to be in the general curriculum. An evaluation may not rely on any single test or procedure as a sole factor for making decisions or recommendations. In addition, any evaluation must use technically sound instruments and must also factor in any physical and developmental factors?.20 U.S.C. 1414(b); 34 CFR 300.532.
Independent Evaluations When a parent disagrees with a district's evaluation, then the parent has the right to request an independent evaluation?.20 USC 1415(b)(1), 34 CFR 300.502. A parent may choose any evaluator, and the district must either agree to pay for the evaluation or state that its evaluation is appropriate and file for a hearing to contest the parental request?.34 CFR 300.502. When a district agrees to pay for an independent evaluation, it is likely that the district will pay a rate-setting rate which is often lower than the actual cost of a private evaluation.
New Massachusetts regulations also specify the following rules regarding independent evaluations?.603 CMR 28.04(5). First, the regulations use a sliding fee scale to determine how the district and the parent should divide costs for the independent evaluation. The scale is tied to the Federal Poverty Guidelines and requires the district's contribution to range from 0 percent to 100 percent depending upon where a family falls on the Guidelines?.603 CMR 28.04(5)(c). If a parent requests an evaluation in an area not tested originally by the district, or the student does not meet income eligibility standards, or if the parent chooses not to provide financial data to the district in order to use the sliding fee scale, then the district may either pay for the evaluation or proceed to hearing on the issue?.603 CMR 28.04(5)(d).
A few miscellaneous points are also worth noting:
Parents are not required to tell a district before obtaining and seeking reimbursement for an independent evaluation. Good practice would indicate that notice to a district makes sense and may stop a disagreement over the independent evaluation.
Parents are also not required to tell why they are seeking an independent evaluation.
Districts are allowed to set reasonable costs for independent evaluations. As noted above, these reasonable costs are usually rate setting rates. Districts may pay higher rates for evaluations based on unique circumstances?.603 CMR 28.04(5)(a).
Parents are generally entitled to an independent evaluation each time a district conducts an evaluation.
Districts may set reasonable time limits for an evaluation to be completed. Massachusetts regulations state that an independent evaluation should be completed within 30 days.
Upon receipt of an independent evaluation, a district must reconvene the TEAM to consider the evaluation within 10 days of receipt. Consider does not mean that the TEAM must follow the evaluator's recommendations.
The right to an independent evaluation continues for 16 months from the date of the evaluation with which the parent disagrees?.603 CMR 28.04(c)(vi).
When examining an evaluation or when selecting an
evaluator, the following questions should be considered:
How much time did the evaluator spend with the child?
Where was the time spent -- in an office or did he or she also observe
the child in a school setting?
Will, or did, the evaluator talk to teachers and other personnel working
with child?
Will, or did, the evaluator review available school records?
What are the evaluator's qualifications?
Has he or she worked with children who are diagnosed with the child's particular disability?
Does the evaluator exhibit any bias toward or against particular programs
What tests were administered, were the tests appropriate, and were the tests administered properly?
What specific findings and recommendations were made and have they already been tried?
Dan Ahearn is an educator and attorney. He works
in the education field at the Landmark School, which specializes in teaching
students with language based learning disabilities, where he directs the
Landmark Outreach Program. He also practices disability, special education,
education, and children's law. He has been practicing in these areas for
over 15 years. He currently teaches a Children's Law course at Suffolk
University Law School; teaches legal research and writing in the First
Year Writing Program at the Boston University School of Law; and counsels
law students in the Harvard Law School's Office of Public Interest Advising.
He was the past Director of the Massachusetts Bureau of Special Education
Appeals and served as a Senior Attorney at the Disability Law Center in
Boston. He is on the Board of Directors of the Learning Disabilities Network
and is a Fellow of the Massachusetts Bar Foundation.
