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When Did I Waive That Re-Assessment?

Many parents are aware that their special education child is entitled to re-assessment at least every three years by the school district in all areas of suspected disability (called a triennial assessment). However, in many cases, children with special needs are provided an IEP every three years that is not accompanied by warranted re-assessment. The school district officials may say to you that your child doesn't need another assessment, or provide you with the child's present levels of performance and say that qualifies as an assessment. You may be wondering if that is appropriate or adequate?

The answer is no. Your child, as a matter of CA law and federal law is entitled to a re-assessment at least every three years. The reasoning behind this requirement is to allow the IEP team to gain information as to a child's progress (or lack thereof), their unique areas of need and support for changes that must be made to the child's educational program. If such an assessment is not done, there is a distinct risk that the IEP team will fail to possess enough specific information to provide your child with an appropriate offer of a free and appropriate public education, especially if the child has historically struggled to make progress.

There exists an exception to the absolute right to re-assessment: Namely, a parent and school district can execute a waiver of re-assessment when both have come to the conclusion that re-assessment is not warranted. This waiver, however, cannot be determined solely by school district staff, and cannot be effectuated without proper explanation to the parent of the assessments they are waiving. If a box was checked somewhere on your child's IEP waiving re-assessment without explanation, or if you were simply sent a letter stating re-assessment was not warranted without any explanation, this is most likely not sufficient to be a proper waiver.

The attorneys at Augustin Egelsee LLP can help clarify your child's entitlement to assessment, areas of appropriate assessment based on displayed needs and adequacy of provided assessments. We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

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Contact us by email or call us at 714-602-1498 or 866-781-7723 (toll free) for more information.

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Augustin Egelsee L.L.P.
8141 East Kaiser Boulevard
Suite 315
Anaheim Hills, CA 92808

Toll Free: 866-781-7723
Phone: 714-602-1498
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