Introduction
The IEP team, including the parents, must review existing evaluation data to determine whether additional assessments are needed. Form RE-4 is used when the IEP team determines additional assessments are not needed. 34 CFR § 300.305; Wis. Stat. § 115.782(4)(c).
There must be sufficient information and data for the IEP team to determine:
- whether the student continues to be a child with a disability and the educational needs of the child;
- the present levels of academic achievement and functional performance and related developmental needs of the student;
- whether the student needs special education and related services;
- the nature and extent of special education and related services that the student needs; and
- 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.
34 CFR §§ 300.301, 300.304, and 300.305; Wis. Stat. §§ 115.777 and 115.782.
Implementation Considerations
The review may be done at an IEP team meeting; however, there is no requirement to conduct a meeting for this purpose. 34 CFR § 300.305. Local education agencies (LEAs or agencies) should use the Existing Data Review to Determine if Additional Assessments or Evaluation Materials are Needed (form ED-1) to document the review.
Form Content and Explanations
Content: Date of notice. Explanation: The notice must be sent no more than 15 business days from the date the agency initiated the reevaluation. A reevaluation may be initiated by sending form RE-1 or RE-2 to the parents. However, if the referral form (R-1) is used to initiate the reevaluation, then the date on form RE-4 may be no more than 15 business days from the date the agency received the referral as recorded on form R-1. The date of this notice starts the 60-calendar-day timeline in which to complete the reevaluation of the student and determine if the student continues to be a child with a disability. Wis. Stat. §§ 115.777(2)(e) and 115.78(3).
Content: IEP team, including the parents, has considered existing data available about the student and determined that additional testing or evaluation is not needed. Explanation: As part of the notice, parents must be provided a description of the information used as the basis for the IEP team’s decision not to conduct additional assessments. This list includes: evaluations and information provided by the parents; current classroom based, local, or state assessments; classroom-based observations; and observations by teachers and related service providers. Based on these data sources, the IEP team has determined no additional assessments or other evaluation materials, such as achievement or performance tests, interviews, observations, checklists, or rating scales are needed. 34 CFR §§ 300.305 and 300.503; Wis. Stat. §§ 115.782 and 115.792.
Content: Documentation of parent participation. Explanation: Parents are IEP team participants and must have an opportunity to participate in the decision about whether additional assessments are needed. The review may be conducted without a parent’s participation if the agency is unable to involve the parent. If the parent did not participate, the LEA must document at least three reasonable attempts to involve the parent. Examples of documentation include: detailed records of telephone calls and the results of those calls; copies of correspondence sent to parent and any response received; and detailed records of visits made to the parent’s home or place of employment and results of the visits. Often school personnel will attempt to contact parents by telephone. A telephone call where there is no answer is not a reasonable attempt. A voice mail message or a delivered e-mail are reasonable attempts. Check the first box if parents participated in determining additional assessments are needed. Describe the manner in which the parents participated. If the parents did not participate in the decision, check the second box and describe the LEA’s attempts to involve the parents in the decision. 34 CFR § 300.305; Wis. Stat. § 115.782.
Content: Reasons for this determination and other options considered. Explanation: The agency must document the reasons why it proposes not to conduct additional assessments or other evaluation materials, including a description of other options, if any; the agency considered and the reasons for rejecting those options; and a description of any other relevant factors. 34 CFR §§ 300.305 and 300.503; Wis. Stat. § 115.792.
Content: Parent has right to request that additional assessments or other evaluation materials be conducted. Explanation: If the IEP team determines additional assessments are not needed, parents have the right to request additional assessments to determine whether the student continues to be a child with a disability and to determine the student’s educational needs. The right to additional assessments is limited to determinations of continued eligibility for special education services and the student’s educational needs. The agency is not required to conduct assessments for other reasons, such as meeting entrance requirements for admission to college. If the agency denies such a request from the parent, the agency must provide reasons why the agency refuses to conduct additional assessments under the section “other options considered, and reasons rejected” on this form or form M-1. 34 CFR § 300.305; Wis. Stat. § 115.782.
Content: Narrative regarding the IEP team role, the evaluation and IEP process, and right to be provided additional time. Explanation: The notice provides general information to assist parents in understanding the reevaluation and IEP team process. If the parents of a student or agency staff determine 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 review and 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.
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 and the agency agreed to conduct the reevaluation, then the agency must provide the parents a procedural safeguards notice. 34 CFR §§ 300.503 and 300.504; Wis. Stat. § 115.792.