Introduction
Use form IE-3 when the IEP team, after reviewing existing data including information from the parents, determines additional assessments or other evaluation materials need to be administered.
The IEP team, including the parents, must review existing evaluation data to determine whether additional assessments are 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;
- if applicable, the nature and extent of special education and related services that the student needs; and
- if applicable 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.
Parent consent is required before tests or other evaluation materials are administered to a student. 34 CFR §§ 300.300 and 300.304; 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. Use the Existing Data Review to Determine if Additional Assessments or Evaluation Materials are Needed (form ED1) to document the review.
If a parent of a student enrolled in or seeking to enroll in a public school does not consent to an initial evaluation, the local education agency (LEA or agency) may, but is not required to, pursue the evaluation by requesting mediation or initiating a due process hearing. However, if the student is enrolled in a home-based private education program (home-schooled) or in a private school, the agency may not use mediation or a due process hearing. 34 CFR §§ 300.300 and 300.506; Wis. Stat. §§ 115.782, 115.797, and 115.80.
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 referral was received on form R-1. Wis. Stat. § 115.777.
Content: The IEP team, including the parents, has reviewed existing data available about the child and determined that there is a need to gather additional information and data through the use of additional assessments and other evaluation materials. Explanation: As part of the notice, the agency must provide parents with a description of the information used as the basis for the IEP team’s decision 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 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 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 in the decision. 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: Areas to be evaluated, including assessments to be given, and individuals who will administer the assessments or other evaluation materials. Explanation: The agency must notify parents of any test or other evaluation materials it proposes to administer. If the specific assessment tools are known, list the specific tools along with a brief description. At a minimum, describe the types of tools that will be used and the area(s) that will be assessed, e.g., standardized testing to measure academic ability and achievement. In addition, identify the names of the evaluator(s), if known at the time of the notice. If the names are not known, identify the types of evaluators, e.g., school psychologist. It is good practice, if the name of the evaluator is provided and later changes, that the parent be notified of the change in evaluator and why. 34 CFR §§ 300.9 and 300.503; Wis. Stat. §§ 115.782 and 115.792.
Content: Options considered and reasons rejected. Explanation: Enter other evaluation options considered, if any, the reasons those options were rejected, and any other factors relevant to the proposed evaluation. For example, if a parent requests a particular test and the agency denies the request, the agency must notify the parents in writing of its decision and the reason why the test will not be administered. The agency may state another test is more appropriate, or a newer test is now available and should be used. If no other options were considered, check the “None” box. 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 provides general information to assist parents in understanding the evaluation and IEP team process. If the parents of a student or agency staff determine additional time is needed to permit meaningful parent participation, the agency must provide additional time within the applicable timelines for completing the evaluation and meeting to develop an IEP. See “General Comments About Timelines” in this guide. 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 state law, and of sources they can contact to obtain information and assistance in understanding IDEA and state special education law. The agency is not required to provide the parents with another procedural safeguards notice if, in the current school year, the agency previously provided the notice. However, if the parents request a copy, or requested the reevaluation, then the agency must provide the parents a procedural safeguards notice. 34 CFR §§ 300.503 and 300.504; Wis. Stat. § 115.792.
Content: Consent is needed before administering assessments or other evaluation materials. Explanation: The agency must obtain the informed consent of the parent before administering tests and other evaluation materials to the student. The agency must make reasonable efforts to obtain informed consent. The consent for evaluation may not be construed as consent for initial provision of special education services. 34 CFR § 300.300; Wis. Stat. § 115.782.
Content: Explanation regarding consent is voluntary, the right to revoke that consent, and the possible effects of not granting consent. Explanation: The agency must inform parents the granting of their consent is voluntary and may be revoked at any time prior to the administration of tests or other evaluation materials. Parents must be informed they are not required to give their consent, and if consent is not granted, the agency may request mediation or a due process hearing about whether the assessments should be administered. Revocation of consent is not retroactive. Revocation does not negate an action that has occurred after the consent was given and before the consent was revoked. 34 CFR §§ 300.9 and 300.300.
Content: Date school district received parent consent. Explanation: In the box under the parent’s signature and date, enter the date the agency received parental consent. This date starts the 60-calendar-day timeline in which to complete the evaluation and determine if the student is a “child with a disability.” 34 CFR § 300.301; Wis. Stat. § 115.78.