Introduction
A reevaluation may not occur more frequently than once a year unless the parent and the local education agency (LEA or agency) agree otherwise. Use form RE-2 when the parent and agency agree to reevaluate a “child with a disability” within a 12-month period. Prior to sending this notice, the parent and agency must agree about the need for a reevaluation. If the parent and agency agree to conduct a reevaluation, send form RE-2 to the parents to start the evaluation process. 34 CFR § 300.303; Wis. Stat. § 115.782(a).
Implementation Considerations
The agency should identify a process for obtaining information to decide whether a student should be evaluated more than once within 12 months. The agency may involve the IEP team in this process. However, neither an IEP team meeting nor an IEP team is required to make the decision. The agency should designate staff with authority to enter into an agreement with the parent to reevaluate the student. The designated staff should consult with staff working with the student. 34 CFR § 300.303(b)(1); Wis, Stat, § 115.782(4).
If the agency believes a reevaluation is needed, but the parent disagrees, the agency may request mediation or initiate a due process hearing regarding whether the student should be reevaluated. The agency cannot unilaterally decide to conduct more than one evaluation of a student within 12 months of the previous evaluation.
The date of the most recent eligibility determination begins the 12-month period (See form ER-1). For example, if the date of a student’s IEP meeting to determine eligibility was 10/1/25, any reevaluation initiated prior to 10/1/26 requires agreement of the parent and agency. If a reevaluation is initiated on or after 10/1/26, the agency may conduct the reevaluation without an agreement between the parent and the agency.
If a student previously evaluated and determined not to be a “child with a disability” is referred for an evaluation, even if the referral is within 12 months of the previous evaluation, the new evaluation is considered an initial evaluation. In this case, the agency uses form IE-1 to initiate the evaluation. Note state law does not allow an agency to refuse a 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 existing 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. Wis. Stat. § 115.777(3)(e).
Content: Parent agreement to conduct more than one evaluation in a year. Explanation: Form RE-2 documents the parent and agency agree to conduct more than one evaluation in a year. The notice documents the date and manner in which the agreement took place, e.g., face-to-face conference, phone conversation, or exchange of e-mails. The parent is not required to sign the agreement.
Content: Reason for the reevaluation. Explanation: The agency must identify the reason(s) for the reevaluation, e.g., a change in the student’s academic achievement or functional performance.
Content: Other options considered related to initiating the reevaluation and reasons rejected, and a description of any other relevant factors. Explanation: Enter other options, if any, considered when initiating the reevaluation and the reasons they were rejected, including a description of any other relevant factors. If no other options were considered, check the “None” box. 34 CFR § 300.503; Wis. Stat. § 115.792(2)(c).
Content: IEP team participants. Explanation: The agency 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 related to selection of IEP team participants and reasons rejected, and a description of any other relevant factors. Explanation: Enter a description of 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 agency staff be included or excluded from the IEP team, and the agency 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 process including the timelines in which these activities must be carried out. If the parents of a student or agency staff determine that additional time is needed to permit meaningful parent participation, the agency must provide additional time within the applicable timelines for completing the reevaluation and meeting to revise the student’s IEP. The notice further informs parents of their right to request a copy of the IEP team’s most recent evaluation report. If requested, the agency must provide parents 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 LEA is not required to provide the parents with another procedural safeguards notice if, in the current school year, the LEA previously provided the notice. However, if the parents request a copy, or requested the reevaluation and the LEA agreed to conduct the reevaluation, then the LEA must provide the parents a procedural safeguards notice. 34 CFR §§ 300.503 and 300.504; Wis. Stat. § 115.792.