Introduction
Use form RE-5 when the IEP team, after reviewing existing data including information from the parents, determines additional assessments or other evaluation materials need to be administered. Prior to providing this notice, the IEP team, including the parents, must consider the existing evaluation data. The review may be conducted at an IEP team meeting, but there is no requirement to conduct an IEP team meeting for this purpose. 34 CFR §§ 300.303(b) and 300.305(a)(2)(i)(B); Wis. Stat. § 115.782(4)(a)2.
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 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;
- if applicable, the nature and extent of special education and related services that the student needs; and
- if applicable, 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 § 300.303(b) and 300.305(a)(2); Wis. Stat. § 115.782(4)(a)2.
Before additional assessments are administered to a student, parent consent is required. However, if the local education agency (LEA or agency) can demonstrate it has made reasonable efforts to obtain parental consent and the student’s parent failed to respond, the agency can proceed with administering tests or other evaluation materials. This exception only applies to reevaluations, not to initial evaluations. Wis. Stat. § 115.782(4)(b).
Implementation Considerations
The review of existing evaluation data may be done at an IEP team meeting; however, there is no requirement to conduct a meeting for this purpose. agencies use the Existing Data Review to Determine if Additional Assessments or Evaluation Materials are Needed (form ED-1) to document the review.
A parent’s denial of consent and a parent’s failure to respond to a request for consent are not the same. Tests or other evaluation materials may be administered without parental consent only when the parent fails to respond to requests for consent. Wis. Stat. § 115.782(4)(b).
If the parent refuses consent for a reevaluation, the agency may, but is not required to, pursue the reevaluation through mediation or a due process hearing. However, if the student is enrolled in a home-based private education program (home-schooled) or placed in a private school by the parents, the agency may not use mediation or a due process hearing.
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. If using the referral form (R-1) to initiate the reevaluation, the date on form RE-5 can be no more than 15 business days from the date the agency received the referral as recorded on form R-1. Wis. Stat. § 115.777(3)(e).
Content: The IEP team, including the parents, has considered existing data available about the student and determined that additional testing or evaluation is 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 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 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 agency 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 agency’s attempts to involve the parents in the decision. 34 CFR § 300.305; Wis. Stat. § 115.782.
Content: Areas to be evaluated, including assessments to be given, and individuals who will administer the assessments or other evaluation materials. Explanation: The agency must notify parents of any test or other evaluation materials it proposes to administer. If the specific assessment tools are known, the specific tools should be listed along with a brief description. At a minimum, the agency must describe the types of tools that will be used and the area(s) that will be assessed, e.g., standardized testing to measure academic ability and achievement. In addition, the agency must identify the names of the evaluator(s), if known at the time of the notice. If the names are not known, the agency must identify the types of evaluators, e.g., school psychologist. 34 CFR §§ 300.9 and 300.503; Wis. Stat. §§ 115.782 and 115.792.
Content: Options considered and reasons rejected. Explanation: Enter other evaluation options considered, if any; the reasons those options were rejected; and any other factors relevant to the proposed evaluation. For example, if a parent requests a particular test and the agency denies the request, the agency must notify the parents in writing of its decision and reason why the test will not be administered. The agency may state another test is more appropriate, or a newer test is now available and should be used. If no other options were considered, check the “None” box. 34 CFR § 300.503; Wis. Stat. § 115.792.
Content: Narrative regarding the IEP team role, the evaluation and IEP process, and 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 within which these activities must be carried out. If the parents of a student or 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 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. 34 CFR §§ 300.301, 300.305, 300.306, 300.323, and 300.503; Wis. Stat. §§ 115.78 and 115.782.
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
Content: Consent is needed before administering assessments or other evaluation materials. Explanation: The agency must have the informed consent of the parent before administering tests and other evaluation materials to the student. The agency must make reasonable efforts to obtain informed consent. 34 CFR § 300.300; Wis. Stat. § 115.782.
Content: Explanation regarding consent is voluntary, the right to revoke that consent, and the possible effects of not granting consent. Explanation: The agency must inform parents the granting of their consent is voluntary and may be revoked at any time prior to the administration of tests or other evaluation materials. Parents must be informed they are not required to give their consent, and if consent is not granted, the agency may request mediation or a due process hearing about whether the assessments should be administered. Revocation of consent is not retroactive. Revocation does not negate an action that has occurred after the consent was given and before the consent was revoked. 34 CFR §§ 300.300 and 300.9.
Content: Date school district received parent consent. Explanation: The date the agency receives parental consent starts the 60-calendar-day timeline in which to complete the evaluation and determine if the student continues to be child with a disability. If the parent fails to respond to the agency’s request for consent, the agency may proceed with the reevaluation if it documents it has taken reasonable efforts to obtain the parent’s consent, and the student’s parent failed to respond. The agency must notify the parent in writing it will proceed with the evaluation. The date of this notification begins the 60-calendar-day timeline. 34 CFR § 300.301; Wis. Stat. § 115.78.