Evaluation

See our list of commonly used acronyms

For children 5-20 years of age, are the 45 school days from the SAU's receipt of the consent to evaluate form 45 calendar days or school days? If the child is absent does the 45 school days continue to count down?

45 school days for children 5-20 years of age.

Yes, the 45 school days continue to count down even if the child is absent. If this occurs, and if the timeline goes over because of it, clearly document the times that the SAU evaluator was prepared to evaluate and the child’s repeated absences prolonged the timeline. (Revised August 2009)

For children 3-5 years of age, are the 60 calendar days from the SAU's receipt of the consent to evaluate form 60 calendar days or school days? If the child is absent do the 60 school days continue to count down?

60 calendar days for children 3-5 years of age.

Yes, the 60 calendar days continue to count down even if the child is absent. If this occurs, and if the timeline goes over because of it, clearly document the times that the SAU evaluator was prepared to evaluate and the child’s repeated absences prolonged the timeline. (Revised August 2009)

For children 3-5 years of age, do you have to re-evaluate a student 60 calendar days before terminating special education services?

Yes, MUSER Sections V.3.F. and VII.4.A. state that the child must be evaluated before a change in eligibility and before an IEP Team determines that the child is no longer a child with a disability unless the child is aging out or graduating with a regular education diploma. (Revised September 2010)

Does each evaluation report need to reference an “observation that has been done in the learning environment?”

Yes, MUSER § V.4.C. reflects that “each report shall include observation in the learning environment (which should be completed by another evaluator or an IEP team member and be considered in the preparation of the report).” (Added May 2008)

For a three-year re-evaluation, if it is determined no additional evaluation is
needed-- what becomes the NEW DATE due of the three-year evaluation?

Three years from the meeting at which the Team determines that the child continues to be eligible and no evaluations are needed unless the team agrees to a shorter period. (e.g., the IEP Team decides to conduct the three- year re-evaluation the next year, because it will be a year in which there will be a significant transition for the child). Please see MUSER V.1.B.(1)
For children 5-20 years of age 45 days - from date permission is received to the IEP Team meeting date (date of meeting? Or date of notice sent?)

45 school days from the date of the SAU's receipt of permission/consent to
evaluate from the parents. (Revised August 2009)

For children 3-5 years of age 60 calendar days - from date permission is received to the IEP team meeting date (date of meeting? Or date of notice sent?)

60 calendar days from the date of the SAU's receipt of permission / consent to evaluate from the parents. (Revised August 2009)

For children 5-20 years of age, what happens if we go over the 45 school day timeframe because the evaluations aren't done?

The SAU could be out of compliance and liable for compensatory education. (Revised August 2009)

For children 3-5 years of age, what happens if we go over the 60 calendar day timeframe because the evaluations aren't done?

The SAU could be out of compliance and liable for compensatory education. (Added August 2009)

If a child is transferred to an outside placement (crisis unit, hospital) how does that affect the timeline for evaluation? Example, here 10 days - in hospital for extended time.

Document the inability to meet timelines and evaluate when the child is
available.

If the IEP Team determines that a re-evaluation is not needed, is the re-evaluation date now in 3 years from the IEP Team meeting at which the determination is made?

Yes, unless the Team agrees to a different year (e.g., team decides to conduct the three-year re-evaluation the next year because it will be a year in which a significant transition is to take place). Be sure to imbed in the Written Notice why the Team determined they did not need any further evaluations and what criteria they are using to continue to determine that the student is still eligible for special education.

Regarding: 3-5 yr. olds - timeline for completing evaluation.  Are we now 15 school days to "meeting" then 60 calendar days to complete the evaluation and convene the IEP Team?
Under Part B (3-5), the SAU has 60 calendar days from the receipt of the parent's consent to evaluate to conduct the evaluation(s), convene the IEP Team, and make the eligibility determinations. (Revised August 2009)
           
Yes, if additional evaluations are needed, the SAU must send the consent to evaluate forms to the parents within 15 school days of the receipt of the referral.

For children 5-20 years of age, what happens if we go over the 45 school day timeframe because the evaluations aren't done?

The SAU could be out of compliance and liable for compensatory education. (Revised August 2009)

Should you have a letter/IEP Team meeting to discuss the renegotiation of the time frame (parent/kid isn't produced for evaluation).

Federal regulations are silent. Best practice would recommend that the SAU document with a letter a conversation with the parent about the failure to produce the child and the need to extend the time frame for evaluations [V.1.A.(3)(b)(ii)].

Three-year evaluation - do we (public agency) have the obligation to reevaluate every three years even if the parent refuses to consent?

If the parent refuses to consent to the re-evaluation, the SAU may, but is not required to, pursue the re-evaluation by using the consent override procedures in 34 CFR 300.300(a)(3) [Section XVI.2]. The SAU does not violate its obligation under child find and evaluation and eligibility determination if it declines to pursue the evaluation or re-evaluation.

To dismiss a child from speech/language, must the child go through a formal evaluation?

Yes. If the IEP Team is considering a change in eligibility or a determination that the child is no longer a child with a disability. You need to adhere to the process outlined in Section V of the Maine Unified Special Education Regulation specific to Section V.3.F.(1) which then references the complete section such as the requirement under SectionV.3.A.(1)(a)(b)(c) and (2)(a)(b)(c)(d). Be sure to complete Written Notice (formerly known as Prior Written Notice) of the Team’s decision for evaluation and respond to the rest of the questions (e.g., the IEP Team decides to conduct the three-year re-evaluation the next year, because it is a year when there will be a significant transition for the child).

What about outside evaluators who cannot meet the timeframe?

It is the SAU’s responsibility to hire evaluators who can meet the evaluation timeframe – the SAU will be out of compliance and could be liable for compensatory education if the timelines are not met.

What if the parent of a high school student labeled S/L refuses re-evaluation?

MUSER Section VI.B(3)(a) states that each SAU:

(i) Must obtain informed parental consent, in accordance with 34 CFR 300.(a)(1), prior to conducting any reevaluation of a child with a disability.

(ii) If the parent refuses to consent to the reevaluation, the SAU may, but is not required to, pursue the reevaluation by using the consent override procedures described in (1)(A)(4)(a).

(iii) Does not violate its obligation under 34 CFR 300.111 and 300.301through 300.311 if it declines to pursue the evaluation or re-evaluation.

When a classroom observation is performed and written up as a separate report, must the report of that observation be written in the format described at MUSER §V.4.C, “Standardized Reports for Evaluation of Children 3 to 20?”

No, the results of a classroom observation do not need to be reported in the format described at MUSER §V.4.C. However, each evaluation report must include a component of an observation in the learning environment.

 

Return to MUSER Topics