Chapter 4: Evaluation and Eligibility

(34 CFR Section 300.301 – Section 300.311)

Purpose of an Evaluation

The District uses initial evaluation and reevaluation procedures in accordance with the IDEA to ensure that proper identification of students with disabilities occurs through the implementation of comprehensive assessment and evaluation practices. Evaluation in this context means the analysis of the summative results of the procedures that the District uses to determine whether a student meets the criteria for identification as a student with a disability, is eligible for special education and related services, and the nature and extent of the special education and related services to be provided to the student in order for the student to receive FAPE in the LRE.

Role of a Planning and Placement Team (PPT)

The PPT may determine that existing data provides sufficient information to determine that the child has a disability and is eligible for special education. Such data may include but are not limited to:

• Prior evaluation results;
• Information provided by the student’s parent;
• Results of current curricular, local and/or state assessments;
• Outcomes of classroom-based observations and observations by teachers or related service providers;
• Attendance;
• Discipline;
• Health/nursing data; and
• Other relevant data.

If the PPT decides that no additional data are needed to determine the student’s eligibility for services then the District will provide the student’s parents with prior written notice of the student’s ineligibility for special education. If the PPT decides that additional data are needed, the PPT, including the parents, will define the evaluation procedures necessary to make an eligibility determination. To document the evaluation procedures, the District will use the Consent to Conduct an Initial Evaluation/Reevaluation form.

The District must obtain parental consent prior to conducting an initial evaluation, even if the PPT determines that no additional data are needed. The District will use the Consent to Conduct an Initial Evaluation/Reevaluation document generated in CTSEDS to enter the date the District requested consent from the parent and the date when the District obtained consent from the parent.

Initial Evaluation Process

The District will assess the student in all areas related to the suspected disability and will ensure that the evaluation is sufficiently comprehensive to identify all of the student’s special education and related service needs whether or not commonly linked to the disability category in which the student may be classified.

In conducting the initial evaluation, the District will use a variety of assessment tools and strategies to gather relevant functional, developmental, social/emotional, and academic information about the student, including information provided by the parent that may assist in determining whether the student is a student with a disability under the IDEA and, if so, the content of the student’s IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities).

The District will not use a single measure or assessment as the sole criterion for determining whether the student is a student with a disability or for determining the content of the student’s IEP. The District will use technically sound evaluation methods that are reliable and valid for the purposes for which they are intended. The District will also ensure that assessments and other evaluation materials used to assess a student are selected and administered so as not to be discriminatory based on race or culture; are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and is able to do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer; are administered by trained and knowledgeable personnel; and are administered in accordance with any instructions provided by the producer of the assessments.

Assessments will be selected and administered so as to best ensure that the results for a child with impaired sensory, manual, or speaking skills accurately reflect the child’s aptitude or achievement level, adaptive behavior, or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

Timeline for Initial Evaluations

In accordance with Connecticut regulations, the District is required to complete the entire process from referral to implementation of the IEP within 45 school days exclusive of the time required to obtain parental consent: the child must be evaluated, eligibility for special education determined, and if determined eligible by the PPT, an IEP developed and implemented.³⁵

Timeline for Birth to Three Referrals and Children Who Turn Age Three in the Summer

In accordance with Connecticut regulations, the District recognizes that it has a responsibility to conduct an evaluation to determine evidence of a developmental delay or eligibility in any of the 13 federally recognized disability categories under IDEA, resulting in eligibility and implement the IEP by the child’s third birthday when the referral is received within 45 school days of the child turning three. For children where the 45 school day timeline goes beyond the end of the school year, the District recognizes that it has the responsibility to determine eligibility and develop an IEP by the child’s third birthday. In addition, for the child turning three over the summer, the PPT shall determine whether or not a child requires extended school year services. The District recognizes that it is required to ensure FAPE at three years old and must not delay this process if a child’s birthday is over the summer months when regular school is not in session. In this case, the District may work with the family to schedule a PPT meeting prior to the end of the school year or make required staff available to hold a PPT meeting during the summer months.

Mutual Agreement to Extend Evaluation Timeline for Determining Special Education Eligibility for a Student with a Specific Learning Disability

The parent or adult student and the District may agree to extend the eligibility timeline when determining eligibility for a student with a specific learning disability. The District will use the document Mutual Agreement to Extend Evaluation line for Determining Special Education Eligibility for a Student Suspected of Having a Specific Learning Disability to document the agreement.

Determining Eligibility

Upon request by a parent, guardian, pupil or surrogate parent, the district will provide the results of the assessments and evaluations to be used in the determination of eligibility for special education to such parent, guardian, surrogate parent or pupil at least three school days before the PPT meeting at which such results of the assessments and evaluations will be discussed for the first time. This applies to assessments and evaluations associated with the initial evaluation only.

After the initial evaluation is completed, the District will convene a PPT meeting to review the results of the initial evaluation and determine whether the student is a child with a disability as defined by federal and state special education law.

The District cannot determine a student is a child with a disability if the primary reason for the determination is:

1. Lack of appropriate instruction in reading, including the essential components of reading instruction;
2. Lack of appropriate instruction in math; or
3. Limited English proficiency.

To be found eligible for special education and related services, the PPT must determine that:

1. The student has a disability as defined by the IDEA or state statute and its implementing regulations;
2. The student’s disability adversely effects the student’s educational performance; and
3. By reason of the disability needs special education and related services.

Adverse effect on educational performance cannot be based solely on discrepancies in age or grade level performance in academic subject areas. Rather, when determining if the student’s disability has an adverse effect on educational performance, the PPT will consider all aspects of the child's functioning at school, including academic, social/emotional, cognitive, communication, vocational and independent living skills. An adverse effect can be seen in behavioral difficulties at school; impaired or inappropriate social relations; impaired work skills, such as being disorganized; having trouble getting to school on time; or difficulty with following the rules.

The documentation of adversely effected educational performance must also substantiate that the educational deficiencies persist over time in spite of specific alternative strategies that have been provided within the general education setting. The PPT should document evidence that scientific, research-based interventions have been implemented with fidelity. The PPT will consider these efforts and their impact when determining adverse educational performance.

The disabilities eligible for special education services under the IDEA and/or state statute are the following:

• autism;
• deaf-blindness;
• developmental delay (ages 3 to 8 only);
• emotional disability;
• hearing impairment (deaf or hard of hearing);
• intellectual disability;
• multiple disabilities;
• orthopedic impairment;
• other health impairment (OHI);
• OHI - ADD/ADHD (attention deficit disorder/attention deficit hyperactive disorder);
• specific learning disabilities (SLD);
• SLD/Dyslexia;
• speech or language impairment;
• traumatic brain injury; and
• visual impairment.

Even though it is possible for a student to have more than one disability, the PPT will document the disability that is most indicative of the student’s primary disability on the IEP.

Reevaluations and Three-Year Reevaluations

All evaluations conducted after the initial evaluation are considered reevaluations. After the initial evaluation, but prior to a three-year reevaluation, a PPT may determine that specific assessments and evaluations are needed to further clarify the student’s needs and/or to change a primary disability category. These interim targeted assessments and evaluations are considered reevaluations. A reevaluation will not be conducted more frequently than once a year unless the parent and the District agree otherwise. This is separate and distinct from the evaluative process of the three-year reevaluation to determine continued eligibility. Students with a primary disability category of developmental delay require a three-year reevaluation to determine continued eligibility on or before their 9th birthday.

The District will also conduct a three-year reevaluation of each student with a disability at least once every three years, unless the parent/adult student and the District agree in writing that a three-year reevaluation is not necessary. The purpose of the three-year reevaluation is to determine whether the student continues to be eligible for special education and related services, and to assess the student’s educational needs. Additionally, the three-year reevaluation must determine whether any additions or modifications to the special education and related services are needed to enable an eligible student to meet the measurable annual goals and objectives set out in the student’s IEP, and to participate, as appropriate, in the general education curriculum.

Students Transferring into the District

For students who are in the initial evaluation, or three-year reevaluation process and who transfer into the District from another school district in the same school year, the District acknowledges that it is the District’s responsibility to coordinate with the student’s prior school district about the evaluation. This coordination should occur as expeditiously as possible, to ensure the prompt completion of the initial or three-year reevaluation as planned.

Trial Placement for Diagnostic Purposes

Consistent with state regulations, the District may use a trial placement for diagnostic purposes as part of the initial evaluation, or three-year reevaluation of a student. If using a trial placement for diagnostic purposes, the District will ensure that such trial placement shall be a structured program, of not more than 40 school days duration, the purpose of which is to assess the needs of a student who is or may be a student with a disability, but for whom the initial evaluation, or three-year reevaluation are either inconclusive or insufficient to determine the student’s eligibility for special education and related services or to develop or revise the child’s IEP.

A trial placement for diagnostic purposes is an evaluation and shall not be considered the current educational placement of a student for purposes of determining the student’s status during due process proceedings, unless the parents and the District agree otherwise.

If a trial placement for diagnostic purposes is conducted as part of an initial evaluation, the timeline for the implementation of the IEP may be extended by the PPT for the time necessary to complete the trial placement for diagnostic purposes.

The District will implement the following steps when the PPT recommends a trial placement for diagnostic purposes:

1. The PPT will specify, in writing, the diagnostic goals and objectives, as well as the types and amounts of services needed to conduct the program to determine more conclusively the student’s needs;
2. The PPT or members of the PPT designated through parental and PPT agreement, will meet at least once every 10 school days with personnel working with the student to discuss the student's progress and to revise, where necessary, the services being provided;
3. The PPT will determine whether the student's educational school hours are divided between the trial placement and another program, or if the student will be educated in the trial placement for diagnostic purposes full-time;
4. A trial placement for diagnostic purposes will be terminated as soon as the student's needs have been determined, but in any event no later than 40 school days after the trial placement begins; and³⁶
5. Five school days before the end of the trial placement for diagnostic purposes, the PPT will reconvene to determine the student’s eligibility for special education and related services, as appropriate, or review, revise or develop the student’s IEP, as appropriate, based on the findings made during the diagnostic placement, as well as other evaluative information regarding the student.

Chapter 4 Appendix

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35. Initial Evaluation Timeline Memorandum https://portal.ct.gov/-/media/SDE/Special-Education/Timeline-for-Initial-Evaluation-Memo.pdf?la=en
36. If the District opts to conduct a trial placement for diagnostic purposes to determine a child’s eligibility for special education services prior to the age of three, an IEP will be developed and the trial placement for diagnostic purposes will be completed prior to the child turning age three in order to ensure that an IEP offering FAPE is provided by the child’s third birthday.