Introduction
A reevaluation must occur at least once every three years, unless the parent and the local education agency (LEA or agency) agree a reevaluation is unnecessary. Reevaluations determine continuing eligibility under IDEA, but also the nature and extent of the special education and related services the student needs. Student needs do not remain stagnant over time. Reevaluations are critical in determining the student’s present level of performance (the what); the effects of the disability (the how); determining the student’s disability-related needs (the why); developing appropriate, ambitious, and achievable goals; and aligning services to progress towards those goals. A reevaluation must be individualized and take into account the student’s current educational needs. 34 CFR § 300.303(b)(2); Wis. Stat. § 115.782 (4)(a)(2).
Prior to sending form RE-3, the parent and agency must discuss and come to agreement that a reevaluation is unnecessary. The decision not to conduct a three-year reevaluation must be given careful consideration. If the agency does not conduct a three-year reevaluation as a result of an agreement between the LEA and the parent, the next evaluation is due three years from the date of the notice. For example, if the student was evaluated on October 1, 2023, and was determined to be a “child with a disability” under IDEA and state law, the student’s next three-year reevaluation must be completed no later than October 1, 2026. However, if the parent and agency agree the three-year reevaluation is not needed, the agency completed form RE-3 and it is dated September 15, 2023, the next reevaluation must be completed on or before September 15, 2026. 34 CFR § 300.303(b)(2); Wis. Stat. § 115.782(4)(a)2.
Implementation Considerations
The agency should designate the staff with authority to enter into an agreement with a parent not to conduct a three-year reevaluation. Whomever the agency designates with authority to enter into an agreement with the parent should consult with staff working with the student. The agency should identify a process for obtaining information and deciding whether to agree not to conduct a three-year reevaluation. The agency may involve the IEP team in this process. However, neither an IEP team meeting nor an IEP team is required in making this decision.
The decision to agree not to conduct a three-year reevaluation must be given careful consideration. The parent and the designated school staff should discuss the advantages and disadvantages of conducting a reevaluation, as well as what data may be needed to determine the student’s educational needs and develop the IEP. A reevaluation may be necessary to obtain current data to determine the present levels of academic achievement and functional performance; the effects of the disability; determining the student’s disability-related needs; developing appropriate, ambitious, and achievable goals; and aligning services to progress towards those goals.
Form Content and Explanations
Content: Date. Explanation: Document the date the parent and agency made the agreement. The next reevaluation must be completed within three years of the date of the agreement. 34 CFR § 300.303(b)(2); Wis. Stat. § 115.782(4)(a)2.
Content: We base this on the following reason(s). Explanation: The agency must identify the reason(s) for not conducting a three-year reevaluation. 34 CFR § 300.303(b)(2); Wis. Stat. § 115.782(4)(a)2.
Content: Other options considered and reasons rejected, and a description of any other relevant factors. Explanation: Enter other options considered, if any, and the reasons they were rejected when agreeing not to conduct the reevaluation and other factors relevant to the proposed action. If no other options were considered, check the “None” box. 34 CFR § 300.503; Wis. Stat. § 115.792(2)(c).
Content: Parent agreement that a three-year reevaluation is not needed. Explanation: The notice documents the parent and LEA agreed that a three-year reevaluation is unnecessary. There is no requirement the parent sign the agreement. 34 CFR § 300.303(b)(2); Wis. Stat. § 115.782(4)(a)2.
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.