Forms Guide ER-4 Notice of IEP Team Findings that Child Is Not a Child with a Disability

Introduction

Use Form ER-4 only when an IEP team determines upon initial evaluation a student does not have a disability or upon reevaluation that a student no longer continues to be a child with a disability. Wis. Stat. § 115.782 (3)(b).

Form Content and Explanations

Content: Findings by the IEP team. Explanation: When an IEP team determines a student is not a child with a disability, or is no longer a child with a disability, the LEA must provide written notice to the parents of the determination. Federal and state laws require the LEA provide notice to parents whenever the LEA proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of free appropriate public education (FAPE). Wis. Stat. § 115.782 (3)(b).

Check the first box if the child is determined not eligible after an initial evaluation. Check the second box if the child is determined no longer eligible after a reevaluation. If the student was found not eligible after a reevaluation, special education and related services will no longer be provided. In order to ensure the parent(s) has prior written notice of the cessation of special education services, the date special education and related services will no longer be provided must be after the parent has received this notice. If this determination and notice is being projected and provided to the parent(s) at an IEP team meeting, it could be the next school day. However, if the parent(s) receives this notice in the mail, be sure to wait to cease services until the notice has sufficient time to have been received by the parent(s).

A copy of the IEP team’s evaluation report. The local education agency (LEA or agency) must provide a copy of the IEP team’s evaluation report to the parents. Enclose the report with form ER-4. Wis. Stat. § 115.782(3)(b).

Content: Other options considered and reasons rejected, and a description of any other relevant factors. Explanation: Enter other options considered, if any, related to the determination the child is not a child with a disability and any other factors relevant to the determination. If no other options were considered, check the “None” box. 34 CFR § 300.503; Wis. Stat. § 115.792.

Content: Parents have procedural safeguards and may contact other sources for assistance about understanding their rights. Explanation: Any required notice must inform parents about the protections they have under the procedural safeguards of IDEA and sources they may contact to obtain information and assistance in understanding IDEA and state special education law. The agency is not required to provide the parent with a copy of the complete procedural safeguards notice if the agency previously provided the parent with a copy of the procedural safeguards in the current school year. However, if the parent requests another copy, the agency must provide one. 34 CFR §§ 300.503 and 300.504; Wis. Stat. § 115.792.