Public Schools are required by law to “locate, identify, and evaluate” children who may be in need of special education services. Special education refers to individualized educational services for students with disabilities that are provided, at no cost to parents, by the local public school. Special education services are designed to help a student benefit from general education. These services are written into a document called the individualized education program or IEP. An IEP contains learning goals, related services, and other important information about your child.
The process to determine if your child is eligible for special education services is called the educational evaluation. The evaluation usually involves:
The educational evaluation should help everyone better understand how your child learns and identify his/her strengths, abilities, and educational needs. A student may not receive special education services and related services until the evaluation has been completed and the child is found eligible.
The school team that reviews the evaluation information and makes this decision is called the case conference committee. Parents are members of the case conference committee and critical to the evaluation process. Parents must provide written permission in order for their child to receive an evaluation.
If the case conference committee determines that there is sufficient existing educational evaluation information available to determine eligibility, further evaluation may not be required by the school. Parents, however, may request that such an evaluation take place regardless [511 IAC 7-25-4(g)].
Asking the school to evaluate a child is called a referral for evaluation, and must be made in writing, by letter or school referral form. When a parent submits a referral for evaluation, it means you are giving the school permission to conduct the initial educational evaluation of your child. Even if you verbally ask the school to conduct the evaluation, you must still put the request in writing. Should you change your mind, you can always revoke or take back your mission in writing.
You may obtain a referral for evaluation form from the school principal or special education department, or you may submit your request in writing to any certified school personnel (teacher, school counselor, administrator, social worker, principal, school psychologist, etc). School personnel may also ask or recommend that your child be evaluated. If so, the school must have your written permission before any evaluation can take place.
The ACS Referral for Educational Evaluation consists of the following forms:
Timeline:
The evaluation must be conducted and the case conference held within sixty (60) instructional days from the day certified school personnel receive written permission for the evaluation [511 IAC 7-25-4(b)].
NOTE: Article 7 offers protections for certain students who are not yet eligible for special education and related services. If a student has “engaged in behavior that violated any rule or code of conduct of the school” and the school knew that the student was a student with a disability before the behavior occurred, even though the child had not been formally found eligible, the student may be entitled to the same discipline procedures found in Article 7. Schools are considered to have knowledge of a student’s disability if:
Important Facts about the Educational Evaluation:
The educational evaluation is conducted by a team of qualified school professionals including, but not limited to, a school psychologist and at least one teacher licensed in the area of suspected disability, or specialist with knowledge in the area of suspected disability [511 IAC 7-25-(h)].
Certain disability categories may require alternative and/or additional school evaluation personnel. Exceptions to the evaluation team may include:
If a student is suspected of having a …
A comprehensive educational evaluation should provide “relevant functional and developmental information in all areas that may be related to the suspected disability [511 IAC 7-25-3(i)]. This may include information about your child’s:
The report should describe how your child learns, and what motivates and what frustrates him/her. The report should describe educational needs and provide suggestions for effective teaching methods and strategies.
The report may describe your child’s abilities by IQ (intelligence quotient) score or, for very young children, by developmental age level. Developmental age level refers to the age that a particular skill is typically observed in a child. For example, if a 4-year-old receives a developmental age level of 3 years in the area of speech/language, this means that he/she is using language typical of most 3-year-old children.
The report may also indicate the need for additional evaluations such as hearing, vision, medical, occupational therapy, physical therapy, and/or assistive technology. Any further evaluations that are recommended or required by the school are the financial responsibility of the school.
The results of this evaluation and any other information available about your child will be discussed with you at the case conference. Those who attend this meeting, including parents, are called the case conference committee. The committee will review all information and determine whether the eligibility requirements for special education, according to the law, are met.
Any results that indicate that a child is delayed or behind that which is considered “typical” can be worrisome to parents. However, keep in mind that there is a wide range of abilities within any group of children with or without disabilities. Also, you must consider the factors involved in testing a child, such as the child’s comfort level, and rapport between child and evaluator.
The written report must be available at the school at least five (5) instructional days before the case conference. If you would like a copy before the case conference, you may go to the school within this 5-day period and obtain a copy. Otherwise, a copy of the report will be provided to you at the case conference [511 IAC 7-25-4(k)].
If you disagree with the results of the educational evaluation...
Any disagreement with, or objection to, any part of the evaluation report should be discussed by the case conference committee and documented in the minutes of the case conference meeting. Parents should submit, in writing, a letter outlining the areas of disagreement and ask that it be attached to the evaluation report in the child’s permanent file.
If you are not satisfied that the report is an accurate picture of your child’s strengths and needs, you may request that the school pay for an independent evaluation. An independent evaluation is conducted by a specialist or psychologist who is not employed by the public school. Upon receipt of your request for an independent evaluation at the school expense, the school must do one of the following within 10 business days: 1) agree to pay for an independent evaluation, or 2) request mediation and/or a due process hearing to show that the school’s educational evaluation is appropriate [511 IAC 7-25-5(c)]. If the school agrees or is directed to pay for an independent evaluation, the results must be shared at the case conference.
You may also have your child evaluated at your own expense. You may request that school provide you with information about where an independent evaluation may be obtained or check with local parent groups, hospitals and/or universities for the names of therapists, medical experts, or private psychologists in the community. An independent evaluation that is obtained a parent’s expense must be shared at the case conference IF the parent chooses to share it. However, if you do not agree with the results of the independent evaluation, you are not obligated to share the report with the school.
About Mediation and Due Process...
Mediation and due process refer to legal options available to both school and parents to resolve certain disputes. While mediation is free to parents and schools, due process may likely involve attorney expense. Ask the special education department for written information about these options or refer to Rule 30 of Article 7 regarding due process procedures. You may also contact any of the agencies listed in the “ Resources” section of this website.
When you provide permission for your child’s evaluation, you become a part of the case conference committee. This means that you are an important and equal member of the team that is responsible for:
At the case conference, parents and school staff review the evaluation results and any other information available about the child to determine if the child meets the eligibility requirements of Article 7. All of the eligibility criteria are defined in Article 7. Your child will be assigned a primary disability category and, in some cases, a second disability category. Note: the existence of a disability does not automatically qualify a child for special education services; the disability must also adversely affect educational performance.
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Educational Evaluation |