By: Frances Shefter, Esq.
Every three years, schools are required to hold what’s called a triennial re-evaluation planning meeting for students who receive special education services. The purpose of this meeting is to discuss whether additional assessments are needed to better understand your child’s needs.
However, many parents experience something like this during the meeting:
The school team asks, “We all still agree that your child is eligible under the same disability category, right?” Everyone nods, eligibility is confirmed, and the meeting moves on.
It may seem harmless. But in reality, skipping evaluations can be a serious problem.
Re-Evaluations Are About More Than Eligibility
Re-evaluations are not just about determining whether your child still qualifies for special education. They are also a critical part of educational planning.
Updated assessments can help answer important questions, such as:
- Is your child making meaningful progress?
- Has your child regressed in any areas?
- How is your child functioning in the classroom environment?
- Are there new academic or behavioral challenges that need support?
- Is there an underlying reason certain behaviors are occurring?
Without updated data, the IEP team is often making decisions based on outdated information. That makes it much harder to design an effective program for your child.
Parents Can Request Evaluations
Many parents don’t realize that you have the right to request assessments.
As long as the evaluation has not been completed within the last 12 months, you can ask the school to conduct additional testing. These evaluations can provide valuable insight into your child’s academic performance, social functioning, behavior, and learning needs.
What Should You Do Right Now?
Take a moment to review your child’s IEP and ask yourself a few questions:
- What is the last eligibility date listed on the IEP?
- Do you remember assessments being completed at that time?
- Do you have copies of those evaluation reports?
If it has been more than three years, or you have concerns about your child’s progress, it may be time to request a meeting to discuss re-evaluations.
Transition Years Make Evaluations Even More Important
Re-evaluations are especially important during 5th grade and 8th grade, when students are preparing to transition to middle school or high school.
These school environments are very different. Academic expectations increase, classroom structures change, and students often need different types of supports.
Having current, accurate data helps the team plan for these transitions and ensures your child receives the services they need to succeed in the next stage of school.
Why Timing Matters
I have had many clients attend re-evaluation planning meetings without me present. In many of those situations, the school convinces the parent that new evaluations are not necessary.
Later, when I become involved, I request another meeting and formally explain why updated assessments are needed. In most cases, the school ultimately agrees to complete them.
So what’s the problem?
Time.
Schools have 90 days to complete evaluations, but that timeline does not begin until everyone agrees that the assessments will be conducted.
If a second meeting has to be scheduled later, the entire process is delayed unnecessarily. When it comes to your child’s education, delays can mean months without the right supports in place.
Personally, I prefer to prevent delays whenever possible.
You Don’t Have to Navigate This Alone
If you are unsure whether your child has been evaluated in the last three years—or you know they haven’t—it may be time to take the next step.
At Shefter Law, we help families understand their rights and advocate for the evaluations and services their children need.
If you would like guidance, reach out to schedule a free case analysis. We care about your child’s future and are here to help you advocate for the results you want.
