boy down's syndromeIf the IEP team feels that they do not have enough information and need to evaluate, they need your written parental consent to do so. Once the IEP Team has your written consent to test your child, they have 45 calendar days to complete the evaluations, which are then used to determine your child’s eligibility for special education.

  1. to determine eligibility for special education and
  2. to determine your child’s educational needs.

Therefore, evaluations must use a variety of tools and strategies.  Areas to be tested may include academic, communication, developmental, language, motor, self-help, social/behavioral, vocational, and others.

As part of the evaluation process the IEP team will review the child’s educational history, including past opportunities to have learned certain skills and information.  The IEP team then considers the information they already have, including:

  • Evaluations and other information from the parents,
  • Current classroom-based assessments and observations,
  • Observations and recommendations by teachers and related service providers,
  • The results of the most recent local or statewide assessments, and
  • Other information from team members, such as medical records, observations, or independent evaluations

Evaluation Requirements

The team then meets to determine what additional testing must be done. The  2017 NH Rules lay out guidelines as to who is considered qualified to diagnose specific categories of disabilities. They also lay out other evaluation requirements including that:

  • Evaluations must be nondiscriminatory and generally in the child’s native language or otherboy on benchmode of communication. They are to be provided and administered in the language and form most likely to yield accurate information on what the child knows and can do, academically and functionally
  • Tests must be validated, selected and administered to accurately reflect what the test measures, not the child’s impaired skills, unless that is the purpose of the test
  • Children are to be assessed in all areas of suspected disabilities
  • A single procedure may not be used to determine eligibility or an appropriate educational program; a variety of assessment tools and strategies, including information from the parents, are to be used
  • The child’s present levels of academic achievement and related developmental needs are to be assessed
  • Evaluations must identify all of the child’s special education and related service needs, whether or not commonly linked to the child’s disabilities
  • Evaluation materials must assess specific areas of educational need and not merely provide a single general intelligence quotient
  • In NH, teachers or other specialists who are participating in the evaluation must be certified or licensed for each disability suspected
  • Tests are to be administered in accordance with the test instructions by certified or licensed personnel
  • If an assessment is not conducted under standard conditions (ex: portions of the test were read aloud to the student), a description of how it varied must be included in the evaluation report.
  • If vocational education is being considered, a vocational evaluator must conduct an assessment
  • For students suspected of having a specific learning disability, an observation of the student’s academic performance in the regular classroom setting must be conducted and a written report developed
  • In determining whether a child has a learning disability, a LEA may use either the “discrepancy” model (identifying whether a significant discrepancy exists between the student’s ability and achievement), or they may use a process to determine if the child responds to scientific, research-based interventions.

Parents always have the right to have someone from outside the school district conduct an independent educational evaluation (IEE).


Next Step: Determining Eligibility