Evaluation timelines: The difference between initial eligibility and 3 year reevaluation timelines

[@lyrasilvertongue7552]

Hi there, school psychologist here. I have an on-going issue with a district insisting that, if a student is already in special education for SLI, then a 90 day timeline (for my state) is not applicable when we suspect a new disability and request testing. We've run anywhere between 6-10 months on tying up evaluations. I've advised those teams that, procedurally, they are correct with the 3 year timeline. However, if the current IEP isn't addressing the new areas of concern, they need to treat the referral as an initial evaluation "in spirit". I feel that a failure to address academics for 10-months would almost certainly warrant comp services if that student were found eligible and a parent sought due process. In your video, you seem to be saying roughly the same thing. Is there a chance that you are aware of some compelling case law addressing this topic, explicitly that you'd be willing to share? Like many rural districts, mine has not been able to keep psychologists on staff. I came on a few years back and am in the slow process of cleaning house due to corners cut.. Thanks for posting your videos.

[@AskASpecialEducationAttorney]

Thank you for what you're doing and how you are handling things in your District. You are correct and for reevaluations (unless the State code specifies a timeline and most don't) then the completion date is within a reasonable amount of time and/or without undue delay. The Federal courts have varying definitions of how long that is but.... how you framed it is exactly WHY schools should treat reevaluations like initial evaluations and have them completed within 60 days. The updated data not only verifies continued eligibility but also helps reestablish or define present levels of performance and this goes directly to FAPE and IEP development. On areas of suspicion (as you point out), excessive delays might not be a "violation" under the "law" but very well could be a violation of FAPE and expose the District to a suit and compensatory services. Most issues have a beginning and those beginnings largely are in the reevaluation process.... cutting corners in this area is simply not worth it. Thank you again for what you are doing.

[@simplydee2567]

So if you have kids younger 1st grade. I don't have to wait until 3rd grade. My son got initial IEP in kindergarten.