Eval Q2: What if a student’s triennial evaluation date is not met due COVID 19 pandemic response related issues?
Eval A2: LEAs should proceed with completing reevaluations within timelines. Missed triennial evaluations should be completed as soon as possible. If there are deviations from legally established timelines, LEAs should document in the student’s folder all reasonable efforts made to follow timelines.
The link below is the 4.9.20 TEA COVID19 and SPED Q&A that provides the guidance above:
Re-Evaluation timelines are built on the “triennial date”.
School closures do not change an LEA’s obligation to meet CFR 300.303(b)(2) that sets forth the “every 3 years” timeline.
Can we just REED (no additional data requested) all of our re-evaluations so we meet timelines?
School Closures do not change an LEA’s obligation to meet CFR §300.305(a)(2) which requires the IEP Team to review existing evaluation data and on the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine if the student continues to have such a disability, and the educational needs of the child.
A unilateral decision to “REED” (no additional assessment requested) ALL students due for a re-evaluation does not constitute the individualized consideration and planning set forth in IDEA.
It is recognized that some students will not need additional data, but this cannot be a universally applied decision.
General Points to Consider from the COVID19 and Special Education in Texas FAQ:
“Above all, LEAs should prioritize health and safety of students, staff, and communities.”
“LEAs should provide proactive and ongoing communication with parents and families of students with disabilities. LEAs should identify communication channels to and from parents and families and ensure there are real-time opportunities for questions and concerns to be responded to and needs addressed.”
“If there are unavoidable deviations from legally established timelines, LEAs should document in the student’s folder all reasonable efforts made to follow timelines.”