Un caso de éxito: la Obra Social de “La Caixa”

The Evaluation Plan document serves two (2) purposes. First, it provides notice to the parents of the school’s intent to conduct an evaluation or re- evaluation of the student. This notice is required under the IDEA, and the Evaluation Plan serves as documentation, that the required notice was provided. The second purpose is to document the parent’s permission to conduct the evaluation. The IDEA requires informed consent from the parents, prior to the administration of any diagnostic assessments. This means that the parent has been informed of the types of assessment procedures, that will be used and the reasons that assessments are being conducted.

The Evaluation Plan form must be completed prior to seeking the parent’s permission for the evaluation. The form must state clearly why the District is seeking to conduct the evaluation. For initial evaluations, this information can be taken directly from the Referral form and should be stated in terms understandable to the parent.

The Evaluation Plan form must also clearly identify the areas in which assessments will be conducted. This is accomplished by checking the boxes that coincide with the assessment area on the form. An initial comprehensive evaluation must assess all areas of suspected disability. Classroom-Based Assessments and Observations are required for all evaluations. The other assessment areas should be selected, based upon the information that is needed by the team.

There must be 100 percent agreement between the areas of assessment, that are indicated on the Evaluation Plan and the assessment areas that are reported on the Evaluation Report (ER) summary. This means, that only areas in which assessments will be conducted, should be marked on the Evaluation Plan. It is not permissible to indicate, that testing will be conducted in an area “if needed.” This practice does not meet the requirements of informed consent. If, after having the Evaluation Plan signed by the parent, it becomes apparent, that additional areas of assessment are needed, a new Evaluation Plan must be signed by the parent. The Evaluation Plan form should not be modified in any way after the parent has signed the form.

This is true for all special education forms.

It is not necessary to indicate on the Evaluation Plan the specific instruments, that will be used to conduct the assessments, and this practice is discouraged. If a specific test instrument is listed under an assessment area, the permission for evaluation is specific to that instrument. If it is later determined that the instrument listed is not valid for a reason, a new Evaluation Plan must be

developed and permission granted for the new assessments by the parent. The notice requirement only requires that the Evaluation Plan indicate the general areas in which assessments will be conducted, not the specific instruments that will be used. This allows the school professionals to determine which instruments are appropriate to use and to use multiple instruments, if needed. The Evaluation Plan should be developed through the consultation of all persons responsible for conducting the assessments.

For initial evaluations, all assessments noted on the Evaluation Plan form must be completed within sixty (60) calendar days of the date that the school receives the parent’s permission to conduct the evaluation. Weekends, holidays, and school vacations are counted toward the 60-day timeline. The Evaluation Plan must indicate the date on which the signed form was received from the parent. If the date received is not marked, the date indicated next to the parent’s signature will be used to determine the extent of the 60-day timeline. At times, it may be necessary to delay obtaining the parent’s permission for the evaluation for a short time. School personnel will not unnecessarily delay the evaluation of students by not seeking permission for the evaluation.

This 60-day timeline does not apply under certain circumstances. If a student transfers from one school to another school district with a signed Evaluation Plan, and the assessments have not been completed, the timeline does not apply. The timeline also does not apply, if because of poor attendance, the student is not made available for the testing. In either case however, the evaluation process will be completed within a reasonable amount of time. For re-evaluations, the three-year timeline still applies. The needed assessments must be completed, and the ER meeting held within three (3) years of the previous evaluation, unless the parent and school district agree, that a re-evaluation is unnecessary. This determination is made during the development of the student’s annual Individual Education Plan (IEP). The Evaluation Plan may be developed, and the parent’s consent obtained, during the annual IEP meeting. The school district will complete the required assessments prior to the next annual IEP meeting, or sooner if the team determines that the evaluation should not be delayed. The IEP team should consult with any specialist that might be conducting assessments, prior to completing the evaluation plan.

The parent’s permission for the evaluation does not have a specific expiration date. Once the parent grants their permission for the evaluation, that permission remains in effect until the evaluation is completed (ER held) or until the parent specifically rescinds his/her permission in writing. The parent cannot rescind permission for assessments, which have already been conducted.

The school district will conduct a reevaluation of the student when one is requested by the parent, or when the school district determines a reevaluation is necessary, but in no case more frequently than one time per year.

If the parent(s) refuse to provide consent for an initial evaluation, the referral form and accompanying documentation will be placed in the student’s cumulative folder. The school district will determine if it is appropriate to pursue a due process complaint.

If the parent(s) refuse to provide consent for a reevaluation, the case manager will notify the student’s administrator/Superintendent and will continue to seek the parent’s consent. If the school district is unable to obtain parental consent within a reasonable time, the district will notify the parents in writing that the evaluation will occur and will then proceed to conduct the assessments that the IEP team has determined are necessary.