Timeline to complete triennial testing

[Kaha]

Hello,

Is there a timeline that the school district must follow when completing a triennial evaluation? I thought the school had 60 days to complete the testing and then 30 days to meet and draft the IEP. The school is telling me that isn't the case, that the 60/30 day timelines only apply to the initial testing. Unfortunately, I'm finding different answers to this online.

Thank you for your time. 

[Lisa Lightner]

No, IDEA does not define this.

 

Presumably, it's being done before your upcoming IEP renewal--so the assumption is made that it will be completed before that meeting.

 

Some states define this, but IDEA only defines initial evaluations.

[JSD24]

The school is right.  The rules are for initial testing.  I'm in PA & once a parent signs a PTR (permission to reevaluate) it's the same timeline as an initial PTE.  Definitely a gray area and w/o knowing where you live, I can't even say if you count school days or calendar days.

It does make sense that they complete this before the IEP meeting or they will need to meet for the annual and again for going over the updated eval so they can meet the timelines for having meetings.

[Kaha]

On 3/14/2025 at 1:48 PM, Lisa Lightner said:

No, IDEA does not define this.

 

Presumably, it's being done before your upcoming IEP renewal--so the assumption is made that it will be completed before that meeting.

 

Some states define this, but IDEA only defines initial evaluations.

Thank you, Lisa for clarifying that for me. We moved to a new state last year and the school had a meeting in August and said they were creating a new IEP for him. But March was when his previous school initiated his first IEP.

[Kaha]

On 3/14/2025 at 6:22 PM, JSD24 said:

The school is right.  The rules are for initial testing.  I'm in PA & once a parent signs a PTR (permission to reevaluate) it's the same timeline as an initial PTE.  Definitely a gray area and w/o knowing where you live, I can't even say if you count school days or calendar days.

It does make sense that they complete this before the IEP meeting or they will need to meet for the annual and again for going over the updated eval so they can meet the timelines for having meetings.

Thank you, JSD24 for replying.

We moved from Florida to South Carolina last year. I met with the new IEP team in August to develop a new IEP and they now have his annual IEP set for August. 

The school was a little funny with the re-eval in that the person doing the Re-Eval would misplaced the docs from the OT, promised the Re-Eval report two different times & missed the deadlines given, and said that they were sick often which delayed completing the Re-Eval earlier. 

At our meeting last week to go over the results, they removed goals because they said he was making progress & didn't meet SLD in dysgraphia. They then combined his 3 Social Emotional goals into 1 & reduced his minutes. (The expectation is that he'll be accepted into their P/T gifted program, but I can't get the school district to respond to me.) I should add, no PWN for any of this.

Unfortunately, I felt pressured to agreed to their terms due to their time constraint. Their testing showed some issues and they dismissed it as my child probably had an "off day."  I'm now looking at sending my follow-up letter to them & telling them that I don't agree with the new IEP. They have consistently been late with progress reports & I haven't seen solid data from them. Something just isn't sitting right for me with all of this.

[Carolyn Rowlett]

Definitely send a follow up email setting forth what you don't agree with in the IEP and your reasons why.  Also ask for a PWN for all the changes they made to the IEP and anything you requested that they denied (and outline each change/denial specifically - that way you document it without having a PWN, in case they refuse to give you one).  Also state that you expect the IEP to be followed in the area of progress monitoring so that you receive these reports concurrent with grade cards (if that is what the IEP states).  If you don't like the data in the progress monitoring, reach out and ask for clarification or more data.  You could even request an IEP meeting to go over it.

It sounds to me like you need an IEE (Independent Educational Evaluation).  I would request one in a separate email from the one I reference above.  If you are unfamiliar with and/or need more information about IEEs, reply back.

[Kaha]

1 hour ago, Carolyn Rowlett said:

Definitely send a follow up email setting forth what you don't agree with in the IEP and your reasons why.  Also ask for a PWN for all the changes they made to the IEP and anything you requested that they denied (and outline each change/denial specifically - that way you document it without having a PWN, in case they refuse to give you one).  Also state that you expect the IEP to be followed in the area of progress monitoring so that you receive these reports concurrent with grade cards (if that is what the IEP states).  If you don't like the data in the progress monitoring, reach out and ask for clarification or more data.  You could even request an IEP meeting to go over it.

It sounds to me like you need an IEE (Independent Educational Evaluation).  I would request one in a separate email from the one I reference above.  If you are unfamiliar with and/or need more information about IEEs, reply back.

Carolyn,

Thank you for taking the time to respond and for the very helpful information!

I don't have a copy of the updated IEP (meeting was last Friday,) but I know that they have already implemented the changes. I'll definitely follow up with an e-mail stating what I don't agree with and request the PWN for the changes they made. I requested 2 new social emotional goals as well and they said that they needed to collect data; no timeframe given to collect that.

His IEP states that progress reports are to be sent every 9 weeks, but I always have to send an E-mail reminder. And his second quarter progress report was almost 3 months late & indicated that he was showing progress on his goals, not mastered. They're not following some of his accommodations. His teacher, although really nice, feels that because he's bright & doing well, he'll advocate for himself. He doesn't. 

The IEE crossed my mind, especially when the school psychologist & OT said that they had stopped timers during testing because my son "needed to express a thought he had in his head." To me, that would indicate that his diagnoses interfered with his ability to complete the testing within the testing parameters. Not to mention, some of the scoring showed difficulties.

I don't know much about IEE's, but I know that we could obtain one at public expense if the district agrees. My concern is that the district won't agree and then we're stuck because we can't afford to pay for one out of pocket. 

If you could point me in the direction to learn more about the IEE, that would be amazing. I appreciate the info that you have shared already. I was so worried I was overthinking what happened at the meeting. At least now I know I have reason to be concerned.

 

[Carolyn Rowlett]

With respect to not receiving the progress monitoring reports timely, I would suggest reaching out to the director of spec ed and informing him/her about this.  I would also inform him/her about the accommodations not being followed.  If both of these continue to occur, they are grounds for filing a state complaint for not following the IEP.  But give the spec ed department a chance to correct first.

As far as the accommodations, I would look closely at how they are worded.  Do they state student "will" be provided such and such accommodation.  In that case, the gen ed teacher doesn't have the right to only give an accommodation if the student asks for it.  That would be a team decision and the language in the IEP would need to be changed.  Alternatively, do the accommodations state "as needed" or "if requested by student."  If so, I would ask (first in an email, then request a team meeting if they won't change via email) that the language be changed to not putting the onus on the student in order to receive the accommodations because he lacks the self-advocacy skills.  That is a skill the team will want the student to master, but if he hasn't mastered it yet, his accommodations should not be withheld from him because he lacks this skill.  You can even ask for a goal for self-advocacy - but in the meantime, the skill should not be expected to magically be there.

Regarding an IEE, all you have to do is state you disagree with the school's evaluation in the areas of x, y, z.  Or you can state in all areas evaluated by the school.  You can even list areas you think they should have evaluated in, but didn't.  You can give reasons why you disagree, but it is not required.  I would keep in very general.  As far as the school district saying "no" to an IEE, that rarely happens because they have to either agree to it or take you to due process to show why an IEE is not needed.  Because of this, school districts, practically without exception, choose to allow the IEE.  The school district will give you a list of approved providers, but you are also free to choose your own.  See more about IEEs by clicking on the link below.

https://adayinourshoes.com/iee-independent-education-evaluation/