Introduction
Within 60 calendar days of receiving parent consent to administer tests or other evaluation materials as a part of an initial evaluation or a reevaluation, or informing parents that no additional assessment or evaluation data are needed, an IEP team must meet and determine whether a student is or continues to be a “child with a disability.” 34 CFR § 300.301(c); Wis. Stat. § 115.78(3)(a). The law permits extension of the 60-day timeline when a student transfers from one local education agency (LEA or agency) to another during the 60-day time period, but only if the parent and receiving agency agree to a specific time when the evaluation will be completed and the receiving agency makes sufficient progress to ensure prompt completion of the evaluation. 34 CFR §§ 300.301(d)(2) and (e); Wis. Stat. § 115.777(3)(b)1. Use form M-2 to document an agreement between a parent and an agency to extend the 60-calendar-day timeline. 34 CFR §§ 300.301(d)(2) and (e); Wis. Stat. § 115.777(3)(b)1.
Implementation Considerations
An agency may neither unilaterally impose an extension nor request an extension from the Department of Public Instruction. The Department has no authority to grant extensions of the 60-day time limit.
The agency should establish a process to obtain information to decide whether to propose an extension and designate the personnel with the authority to agree with a parent to extend the time in which to complete the evaluation.
While an agreement between the agency and the parent is required, there is no requirement the parent sign a written agreement. Form M-2 documents the agreement between the agency and the parent.
Form Content and Explanations
Content: Parent agreement to extend the time to complete the evaluation. Explanation: Document on form M-2 that the parent and agency agreed to extend the time limit in which to complete the evaluation, including the date of the agreement and how the agreement occurred, e.g., face-to-face conference, phone conversation, or exchange of e-mails. Enter the agreed upon date (month, day, year) for the evaluation to be completed. 34 CFR §§ 300.301(d)(2) and (e); Wis. Stat. § 115.777(3)(b)1.
Content: Reason for the extension. Explanation: Identify the reason(s) that an extension of the 60-day timeline is needed. 34 CFR §§ 300.301(d)(2) and (e); Wis. Stat. § 115.777(3)(b)1.
Content: Other options considered and reasons rejected, and a description of any other relevant factors. Explanation: Enter other options considered, if any, when proposing to extend the 60-day timeline and the reasons those options were rejected along with any other factors relevant to the timeline extension. 34 CFR § 300.503; Wis. Stat. § 115.792. If no other options were considered, check the “None” box.
Content: General information about the right to be provided additional time. Explanation: If the parents of a student or agency staff determine that additional time is needed to permit meaningful parent participation, the agency must provide it within the applicable timelines for completing the evaluation and meeting to develop an IEP. 34 CFR §§ 300.301(d)(2) and (e); Wis. Stat. § 115.777(3)(b)1.
Content: Parents have procedural safeguards and can contact other sources for assistance about understanding their rights. Explanation: A required notice must inform parents of the protections they have under the procedural safeguards of IDEA and of sources they can contact to obtain information and assistance in understanding IDEA and state special education law. 34 CFR §§ 300.503(b)(4) and (b)(5); Wis. Stat. §§ 115.792(2)(g) and (2)(h). The agency is not required to provide the parents with a copy of the complete procedural safeguards notice if the agency previously provided the parents with a copy of the procedural safeguards in the current school year. However, if parents request another copy of the procedural safeguards, the agency must provide one.