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Forms Guide RE-1 Notice of Reevaluation

Introduction

Use Form RE-1 to provide written prior notice to parents that the local education agency (LEA or agency) is initiating a reevaluation. It explains the reevaluation process and identifies the functions the IEP team will perform.

An agency must reevaluate a student with a disability if the agency determines the educational or related services needs of the student, including the student’s academic achievement and functional performance, warrant a reevaluation, or if the student’s parent or teacher requests a reevaluation. However, a reevaluation may occur not more than once a year unless the parent and agency agree otherwise (see form RE-2). A reevaluation must occur at least once every 3 years unless the parent and agency agree a reevaluation is unnecessary (see form RE-3). In addition, a “child with a disability” must be reevaluated before determining the student is no longer a “child with a disability.” 34 CFR §§ 300.303 and 300.305; Wis. Stat. § 115.782(a). If a student was previously found eligible for special education, but the parents did not provide consent, and the student is referred again for an evaluation, the evaluation is considered an initial evaluation and initial criteria for a disability category is considered.

The purposes for conducting a reevaluation are to determine:

  • whether the student continues to be 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 continues to need special education and related services;
  • the nature and extent of special education and related services that the student needs;
  • 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; and
  • whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable
    annual goals set out in the student’s IEP.

34 CFR § 300.305; Wis. Stat. § 115.782(a).

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 agency;
  • an individual who can interpret the instructional implications of evaluation results, who may be another member of the IEP team other than the parents or the student;
  • at the discretion of the parent or the LEA, 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 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 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;
  • 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(a); Wis. Stat. § 115.78(1m).

Implementation Considerations

Another agency 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 first 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 LEA has knowledge or special expertise about the student is made by the party who invited the individual. 34 CFR § 300.21(c).An evaluation conducted after an initial evaluation that determines a student is eligible for special education is considered a reevaluation. For example, if a student initially found eligible as a “child” with a learning disability is evaluated for an emotional behavioral disability or for a speech or language impairment, the new evaluation is a reevaluation. If a student who was previously evaluated and determined not eligible for special education is referred again, the new evaluation is considered an initial evaluation. Note the law does not permit a LEA to refuse any referral for an initial evaluation.

Form Content and Explanations

Content: Date of notice. Explanation: The date of this notice begins the 15-business-day timeline in which to complete the review of exiting evaluation data and send the student’s parents a request for consent to evaluate, or if no additional data are necessary, notify the parents of that determination. If the agency uses form R-1 to initiate a reevaluation, the date the agency received form R-1 begins the 15 business-day timeline. Wis. Stat. § 115.777(3)(e).

Content: LEA intends to reevaluate a child and reason for the reevaluation. Explanation: The notice informs the parents of the LEA’s intent to reevaluate their child and the reason(s) for the reevaluation. The areas of concern must be documented. These may be in the areas of academics, cognitive learning, communication, independence and self-determination, physical/health, social and emotional learning. The areas of concern may already be addressed by the student’s IEP, or they may be new areas of concern. The areas of concern may be identified by the individual requesting the reevaluation or as part of a three-year reevaluation. It is important to identify all areas of concern in order to conduct a comprehensive reevaluation.

Content: IEP team participants. Explanation: The LEA must notify the parents about the composition of the IEP team, including the names of the participants if known at the time of the notice. Wis. Stat.§ 115.78(1m).

Content: Other options considered and reasons rejected, and a description of any other relevant factors. Explanation: Enter other options, if any, that were considered and rejected; the reasons those options were rejected; and a description of any other relevant factors. For example, the parent may request particular LEA staff be included or excluded from the IEP team, and the LEA may refuse the request. If no options were considered and rejected, check the “None” box. 34 CFR § 300.503; Wis. Stat. § 115.792(2)(c).

Content: Narrative regarding the IEP team role, the reevaluation and IEP process, timelines, and the right to be provided additional time. Explanation: The notice also provides general information to assist parents in understanding the reevaluation and IEP team process including the timelines in which these activities must be carried out. If the parents of a student or the agency staff determine additional time is needed to permit meaningful parent participation, the agency must provide it within the applicable timelines for completing the reevaluation and meeting to revise the student’s IEP. The notice informs parents of their right to request a copy of the IEP team’s most recent evaluation report. If requested, the agency must provide the parent with a copy before any IEP team meeting or due process hearing, and in no case more than 45 days after the request. 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.

 

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