Introduction
Following receipt of a referral for an initial evaluation, complete form IE-1 and send to the parents (or adult student with a copy to the parents).
The purposes for conducting an initial evaluation are to determine:
- whether the student is a “child with a disability” and the educational needs of the student;
- the present levels of academic achievement and functional performance and related developmental needs of the student;
- whether the student needs special education and related services;
- if applicable, the nature and extent of special education and related services the student needs; and
- if applicable, the content of the student’s Individualized Education Program (IEP), including information related to enabling the student to be involved in and progress in the general
education curriculum.
34 CFR §§ 300.301, 300.304, and 300.305; Wis. Stat. §§ 115.777 and 115.782.
A local education agency (LEA or agency) receiving a referral for an initial evaluation to determine whether a student is a “child with a disability” under IDEA and state law must appoint an IEP team and conduct an evaluation of the student. State law does not allow an agency to refuse a referral for an initial evaluation. 34 CFR § 300.321; Wis. Stat. § 115.777.
Each IEP team must consist of the following:
- the parents of the student;
- at least one regular education teacher of the student if the student is, or may be, participating in a regular educational environment;
- at least one special education teacher who has recent training or experience related to the student’s known or suspected area of special education needs or, where appropriate, at least one special education provider of the student;
- a representative of the LEA who is qualified to provide or supervise the provision of special education; is knowledgeable about the general curriculum; and is knowledgeable about and authorized to commit the available resources of the local educational agency;
- an individual who can interpret the instructional implications of evaluation results;
- at the discretion of the parent or the agency, other individuals who have knowledge or special expertise about the student, including related services personnel as appropriate;
- whenever appropriate, the student: if a purpose of the meeting will be consideration of post-secondary goals and transition services, the public agency must invite the student;
- if a student is attending school through whole grade sharing, open enrollment, or a tuition waiver, at least one person designated by the resident district who has knowledge or special expertise about the student;
- when a student is suspected of having a specific learning disability (SLD) for the first time and progress data from intensive intervention will be considered, a licensed person qualified to assess data on individual rate of progress using a psychometrically valid and reliable methodology, the licensed person who implemented the scientific, research-based or evidence-based, intensive interventions with the referred pupil, and a licensed person qualified to conduct individual diagnostic evaluations of children/students; and
- when a student is suspected or known to need occupational therapy, physical therapy, or speech and language therapy, a therapist in each respective area of service.
34 CFR § 300.321; Wis. Stat. § 115.78.
Implementation Considerations
Another LEA member of the IEP team, e.g., the special education teacher, may also serve as the LEA representative, provided the individual meets the requirements to act in that capacity. To identify the LEA representative in these situations, write the individual’s name in each applicable space on the form. Likewise, IEP team participants filling the required roles when considering SLD eligibility for the time may serve in more than one capacity on the IEP team, as appropriate.
The determination of whether an individual invited to the IEP team meeting by the parent or by the agency has knowledge or special expertise about the student is made by the party who invited the individual.
Form Content and Explanations
Content: The LEA received a referral to evaluate a child to determine whether the child has a disability. Explanation: The agency must inform the parents of why it proposes to evaluate a child. The notice documents that the reason for the referral is to determine whether the child has a disability. 34 CFR § 300.503; Wis. Stat. § 115.792.
Content: The IEP team will conduct the evaluation. Explanation: Under state special education law, an IEP team must conduct the evaluation. The agency must send a written notice of its proposed action to the student’s parents. 34 CFR § 300.503; Wis. Stat. §§ 115.777, 115.78, and 115.792.
Content: IEP team participants. Explanation: Parents must be notified about the composition of the IEP team, including the participants’ names if known at the time of the notice. 34 CFR §§ 300.321 and 300.503; Wis. Stat. §§ 115.78, 115.782, and 115.792.
Content: Other options considered and reasons rejected, and a description of any other relevant factors. Explanation: Enter other options, if any, that were considered; the reasons those options were rejected; and a description of any other relevant factors. For example, the parent may request particular agency staff be included or excluded from the IEP team, and the agency may refuse to honor the request. If no options were considered, check the “None” box. 34 CFR § 300.503; Wis. Stat. § 115.792.
Content: IEP team will review existing data to determine what, if any, further assessment or evaluation data are needed. Explanation: The agency must inform the parents of the specific actions the agency proposes to take. The first action is a review of existing evaluation data to determine whether additional data are needed. Enter the date by which the agency will request parent consent for evaluation or notify the parent no additional data are needed. 34 CFR §§ 300.305 and 300.503; Wis. Stat. §§ 115.782 and 115.792.
Content: Narrative regarding the IEP team role, the evaluation and IEP process, timelines, and right to be provided additional time. Explanation: The notice also provides general information to assist parents in understanding the evaluation and IEP process, including the timelines for completing the evaluation. If the parents of a student or public agency staff determine additional time is needed to permit meaningful parent participation, the agency must provide it within the applicable timelines for completing an evaluation and meeting to develop an IEP. 34 CFR §§ 300.301, 300.305, 300.306, 300.323, and 300.503; Wis. Stat. §§ 115.78 and 115.782.
Content: Parents have procedural safeguards and can contact other sources for assistance about understanding their rights. Explanation: Any required notice must inform parents of the protections they have under the procedural safeguards of state and federal special education law and of sources they may contact to obtain information and assistance in understanding state and federal special education law. Because this evaluation is an initial evaluation, the agency must provide the parents with a complete procedural safeguards notice. 34 CFR §§ 300.503 and 300.504; Wis. Stat. § 115.792.