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 to complete an evaluation for a specific learning disability (SLD) if the parent and the local education agency (LEA or agency) agree in writing. 34 CFR § 300.309(c); Wis. Admin. Code P.I. § 11.36(6)(b). This exception applies when SLD is being considered for the first time and permits a LEA the necessary time to collect data on a child/student’s response to required intensive interventions.
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.
Note the effective date of an agreement to extend the evaluation is the date the parent signs a written agreement, not the date the agency and the parent discussed the matter and agreed upon an extension
Form Content and Explanations
Content: Parent agreement to extend the time to complete the evaluation. Explanation: The notice documents discussions with the parent about an extension and the agreed upon date (month, day, year) for the evaluation to be completed. Enter the date the LEA personnel and the parent spoke or communicated by other means and agreed on a date to complete the evaluation. Enter the agreed-upon date to complete the evaluation. 34 CFR § 300.309(c); Wis. Admin. Code P.I. § 11.36(6)(b).
Content: Reason for the extension. Explanation: The agency must identify the reason(s) for extending the evaluation. 34 CFR § 300.309(c); Wis. Admin. Code P.I. § 11.36(6)(b).
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: Written parent agreement needed. Explanation: The parent signs form M-3 and enters the date the parent signed. 34 CFR § 300.309(c); Wis. Admin. Code P.I. § 11.36(6)(b).
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.