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School claims ReEvaluation needs to be complete by IEP annual date

Teresa A

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My son's last triannual reevaluation was in April of 2021. Since he is in 8th grade this year, I would like to consider having another reevaluation (RR) before 9th grade this coming Fall of 2023 due to EF and Dyslexia diagnosis. However, our school replied that the RR needs to be completed by the annual IEP date, which is this April. However, based on reading the Procedural Safeguards and information I found on PAttan's website, this is incorrect.

Am I correct? Any info is appreciated?

I plan on replying to the school quoting Section 1414 (2) (B) of IDEA; (B) Limitation

  • A reevaluation conducted under subparagraph (A) shall occur—
    • (i) not more frequently than once a year, unless the parent and the local educational agency agree otherwise; and
    • (ii) at least once every 3 years, unless the parent and the local educational agency agree that a reevaluation is unnecessary.  

and referencing PaTTAN's documentation that "The student's IEP must be reviewed and revised within 30 calendar days of the completion of the RR. "https://www.pattan.net/getmedia/ce367ee3-163c-4e51-ad36-117493d347dd/ReevalNarrative0618 

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You are correct!  And without knowing your specific state's laws and regulations (which you might look and and add, if applicable), I believe you are citing everything you need to.  There is no requirement in the IDEA that reevaluations must be done concurrent with or before an annual IEP meeting.  You can have the annual meeting, and then another meeting following the results of the reevaluation being available.  But I would also ask the question:  What are you basing this requirement on?  If a school district policy, may I please have a copy?

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