Introduction
The IEP team, including the parents, must review existing evaluation data to determine whether additional assessments are needed. Use form IE-2 when the IEP team determines additional assessments are not needed.
There must be sufficient information and data for the IEP team 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;
- the nature and extent of special education and related services that the student needs; and
- the content of the student’s 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.
Implementation Considerations
The review of existing evaluation data may be done at an IEP team meeting; however, there is no requirement to conduct a meeting for this purpose. 34 CFR § 300.305. Local education agencies (LEAs or agencies) should use the Existing Data Review to Determine if Additional Assessments or Evaluation Materials are Needed (form ED-1) to document the review.
Form Content and Explanations
Content: Date of notice. Explanation: The notice must be sent within 15 business days of receiving the referral. See the date the referral was received on form R-1. The date the agency sends form IE-2 begins the 60-calendar-day timeline in which to complete the evaluation of the student and determine if the student is a “child with a disability.” Wis. Stat. §§ 115.777(3) and 115.78(3).
Content: The IEP team, including the parents, has considered existing data available about the child and determined that additional testing or evaluation is not needed. Explanation: As part of the notice, agencies must proved parents with a description of the information used as the basis for the IEP team’s decision not to conduct additional assessments. This list includes: evaluations and information provided by the parents; current classroom-based, local, or state assessments; classroom-based observations; and observations by teachers and related service providers. Based on data from these sources, the IEP team has determined no additional assessments or other evaluation materials such as achievement or performance tests, interviews, observations, checklists, or rating scales are needed. 34 CFR §§ 300.305 and 300.503; Wis. Stat. §§ 115.782 and 115.792.
Content: Documentation of parent participation. Explanation: Parents are IEP team participants and must have an opportunity to participate in the decision about whether additional assessments are needed. Check the first box if parents participated in determining no additional assessments are needed. Describe the manner in which the parents participated. If the parents did not participate in the decision, check the second box and describe the agency’s attempts to involve the parents. The review may be conducted without a parent’s participation if the agency is unable to involve the parent. If the parent did not participate, the agency must document at least three reasonable attempts to involve the parent. Examples of documentation include: detailed records of telephone calls and the results of those calls; copies of correspondence sent to parent and any response received; and detailed records of visits made to the parent’s home or place of employment and results of the visits. Often school personnel will attempt to contact parents by telephone. A telephone call where there is no answer is not a reasonable attempt. A voice mail message or a delivered e-mail are reasonable attempts. 34 CFR § 300.305; Wis. Stat. § 115.782.
Content: Reasons for this determination and other options considered. Explanation: The agency must document the reasons why it proposes not to conduct additional assessments, including a description of other options, if any; the public agency considered and the reasons for rejecting those options; and a description of any other relevant factors. For example, the results of recent comprehensive testing at a clinic may be available and therefore no additional assessment may be required. 34 CFR § 300.503; Wis. Stat. § 115.792.
Content: Narrative regarding the IEP team role, the evaluation and IEP process, and right to be provided additional time. Explanation: The notice also provides general information to assist parents in understanding the evaluation and IEP team process. The IEP team process may be concluded in one meeting or may require more than one meeting. If the parent(s) or public agency staff determine additional time is needed to permit meaningful parent participation, the agency must provide additional time. However, when providing additional time, the public agency must comply with applicable timelines. See “General Comments About Timelines.” 34 CFR §§ 300.301, 300.305, 300.306, 300.323, and 300.503; Wis. Stat. §§ 115.78, 115.782, and 115.792.
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 IDEA and of sources to obtain information and assistance in understanding IDEA and state special education law. Since the agency previously provided a copy of the procedural safeguards with the initial notice of evaluation (form IE-1), the agency is not required to provide the parents with another copy unless requested. 34 CFR §§ 300.503 and 300.504; Wis. Stat. § 115.792.