Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

EVALUATIONS AND REEVALUATIONS

Note: Letters issued prior to Dec. 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to Aug. 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.


February 10, 2011 to non-attorney advocate Amber Mintz
Topic Addressed: Evaluations, Parental Consent and Reevaluations
Section of IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (45KB) | PDF (1.7MB)


January 6, 2011 to Lehigh University Professor of Education and Law Perry A. Zirkel
Topic Addressed: Evaluations, Parental Consent and Reevaluations
Section of IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (37KB) | PDF (1.1MB)


Letter to Dr. Carol Massanari
September 24, 2007
Topic Addressed: Evaluations and Reevaluations

Letter regarding the use of response to intervention in evaluating children suspected of having specific learning disabilities.
  MS Word (92KB) | PDF (523KB)


Letter to Edward J. Sarzynski
September 5, 2007
Topic Addressed: Evaluations and Reevaluations

Letter regarding whether written parental consent is required for all evaluations that are not standardized tests administered to all students.
  MS Word (92KB) | PDF (523KB)


Letter to Perry A. Zirkel
August 15, 2007
Topic Addressed: Evaluations and Reevaluations

Letter regarding an LEA's use of its state-adopted criteria for determining whether a child has a specific learning disability.
  MS Word (92KB) | PDF (523KB)


Redacted letter
July 27, 2007
Topic Addressed: Evaluations and Reevaluations

Letter regarding the use of response to intervention in evaluating children suspected of having specific learning disabilities.
  MS Word (92KB) | PDF (523KB)


Letter to Congresswoman Doris O. Matsui
May 10, 2007
Topic Addressed: Evaluations and Reevaluations

Letter regarding how determinations are made about a child's eligibility for special education and related services under Part B of IDEA, including whether factors such as family history of substance abuse and other medical information can be considered as part of the eligibility determination.
  MS Word (92KB) | PDF (523KB)


Letter to Dr. Perry A. Zirkel
March 6, 2007
Topic Addressed: Evaluations and Reevaluations

Letter regarding new requirements in the final regulations for Part B of IDEA that govern whether states may use the severe discrepancy model and clarifying the role of response to intervention in determining whether a child has a specific learning disability
  MS Word (92KB) | PDF (523KB)


Letter to Mr. Buck Gwyn
March 6, 2007
Topic Addressed: Evaluations and Reevaluations

Letter regarding state criteria for determining whether a child has a specific learning disability.
  MS Word (30KB) | PDF (87KB)


Letter to Dr. Aurelio Prifitera
March 1, 2007
Topic Addressed: Evaluations and Reevaluations

Letter responding to Harcourt Assessment's overview of the requirements in the final regulations for Part B of IDEA for evaluating children suspected of having specific learning disabilities.
  MS Word (32KB) | PDF (115KB)


Redacted letter
February 6, 2007
Topic Addressed: Evaluations and Reevaluations

Letter regarding the relationship of the requirements for review of existing evaluation data to the requirements for reevaluation.
  MS Word (41KB) | PDF (225KB)


Letter to Ms. Susan Gorin
October 19, 2006
Topic Addressed: Evaluations and Reevaluations

Letter regarding the role of school psychologists in administering assessments and the regulatory changes in procedures for evaluating children suspected of having learning disabilities.
  MS Word (31KB) | PDF (113KB)


Letter to Leigh M. Manasevit
July 19, 2004
Topic Addressed: Evaluations and Reevaluations

Letter regarding a parent's refusal to consent to the initial provision of special education and related services and clarifying:

  1. how a school district can meet its obligation to make FAPE available and protect itself against possible future claims of a denial of FAPE, and
  2. that a student with a disability whose parent has refused consent does not have the right under Part B of IDEA to compensatory services, is not provided the discipline protections under Part B of IDEA, and may be disciplined in the same manner as non-disabled students.

  MS Word (29K)| PDF (149KB)


Mr. Howard J. Fulfrost
July 14, 2004
Topic Addressed: Evaluations and Reevaluations

Letter clarifying:

  1. how a school district can meet its obligation to make a free appropriate public education (FAPE) available and protect itself against possible future claims of a denial of FAPE, and
  2. that a student with a disability whose parent has refused consent is not provided the discipline protections under Part B of IDEA and may be disciplined in the same manner as non-disabled students.

  MS Word (36K)| PDF (299KB)


Letter to Frank G. Bowe, Ph.D., LL.D.
September 5, 2003
Topic Addressed: Evaluations and Reevaluations

Letter clarifying that an agency may not use the due process procedures under the IDEA to override the requirement that informed parental consent be obtained before the initial provision of special education and related services.
  MS Word (24KB) | PDF (79KB)


Letter to Honorable Ben Nighthorse Campbell
September 3, 2003
Topic Addressed: Evaluations and Reevaluations

Letter regarding the use of intelligence quotient tests to determine the eligibility of students with disabilities for special education under section 504 of the Rehabilitation Act of 1973 and under the IDEA.
  MS Word (30KB) | PDF (144KB)


Letter to Dr. Carol Ann Baglin
June 26, 2003
Topic Addressed: Evaluations and Reevaluations

Letter clarifying that:

  1. the determination of whether a child suspected of having a specific learning disability is a child with a disability must be made by the parents and a team of qualified professionals, and
  2. it would not be inconsistent with the IDEA for a state to require that the child's parent be afforded the opportunity to provide a statement presenting his or her conclusion regarding the determination of eligibility.

  MS Word (27KB) | PDF (139KB)


Letter to Mr. Lawrence C. Gloeckler
April 10, 2003
Topic Addressed: Evaluations and Reevaluations

Letter clarifying that:

  1. the IDEA statute and Part B regulations reflect the clear and unequivocal intent of Congress to support parents' rights to choose whether their children would be enrolled initially in special education, and
  2. an individual parent's refusal to consent to the initial provision of special education and related services relieves the state's obligation to provide FAPE to that child until the parent provides that consent.

  MS Word (34K)| PDF (286KB)


Letter to Mr. Geoffrey A. Yudien
March 20, 2003
Topic Addressed: Evaluations and Reevaluations

Letter clarifying:

  1. that a school district may not override parental consent for the initial provision of special education and related services,
  2. that a school district is not required to obtain separate parental consent for additional services that the individualized education programs team deems necessary or for a continuation of services after the parent has previously consented to the initial provision of services, and
  3. that the protections under the IDEA, including the discipline procedures at 34 CFR 300.520-300.529, would not apply to children whose parents have refused consent for the initial provision of special education and related services.

  MS Word (63KB) | PDF (88KB)


Letter to Ms. Barbara Gantwerk
February 11, 2003
Topic Addressed: Evaluations and Reevaluations

Letter clarifying:

  1. the ways in which school districts can document efforts to obtain parental consent for the initial provision of special education and related services and reevaluations, and
  2. that school districts are not required to provide the Part B discipline protections to children who are not receiving special education because their parents have refused to consent.

  MS Word (34KB) | PDF (104KB)


Letter to Honorable Vito A. Gagliardi, Sr.
November 15, 2001
Topic Addressed: Evaluations and Reevaluations

Letter regarding the IDEA Part B requirement that parental consent must be obtained before the initial evaluation, the reevaluation, and the provision of special education and related services and the fact that Part B does not permit public agencies to override a parent's refusal of consent for initial services or to initiate a due process hearing if a parent refuses consent to the initial provision of special education and related services.
  MS Word (24KB) | PDF (86KB)


Letter to Mr. H. Douglas Cox
September 24, 2001
Topic Addressed: Evaluations and Reevaluations

Letter regarding the Part B of IDEA requirement that parental consent must be obtained before the initial evaluation, the reevaluation, and the provision of special education and related services and the fact that Part B of the IDEA does not permit public agencies to override a parent's refusal of consent for initial services.
  MS Word (25KB) | PDF (140KB)


Redacted letter
April 16, 2001
Topic Addressed: Evaluations and Reevaluations

Letter clarifying the obligations of school districts and the rights of parents regarding reevaluations of children who have or are suspected of having disabilities.
  MS Word (26KB) | PDF (159KB)


Letter to Senator Don Nickles
June 27, 2000
Topic Addressed: Evaluations and Reevaluations

Letter regarding requirements applicable to a parent's right to an independent educational evaluation at public expense.
  MS Word (26KB) | PDF (159KB)


Letter to Jennifer L. Scheinz
Topic Addressed: Evaluations and Reevaluations
June 7, 2000

Letter clarifying that parents who disagree with a functional behavioral assessment which is not part of an initial evaluation, a required reevaluation, or in response to any disciplinary action, but is conducted to develop an appropriate IEP, are entitled to an independent educational evaluation at public expense.
  MS Word (26KB) | PDF (159KB)


Letter to Jacquelyn J. Thompson
March 29, 2000
Topic Addressed: Evaluations and Reevaluations

Letter regarding requirements applicable to a parent's right to an independent educational evaluation at public expense.
  MS Word (26KB) | PDF (159KB)


Redacted letter
March 29, 2000
Topic Addressed: Evaluations and Reevaluations

Letter regarding requirements applicable to a parent's right to an independent educational evaluation at public expense.
  MS Word (26KB) | PDF (159KB)

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Last Modified: 01/07/2015