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Intermediate School District 917

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Notice of Agreement that a 3 Year Reevaluation is not Needed

Notice of Agreement that a 3 Year Reevaluation is not Needed

If you're completing a Notice of Agreement that a 3-year reevaluation (triennial) is not needed for a student with an IEP, you want a clear, legally compliant document that records the team’s decision, the reasons for it, and parent/guardian agreement or dissent. 

A Notice of Agreement that a 3 Year Reevaluation is Not Needed is an official form used in special education to document a mutual decision between a school district (or Local Educational Agency) and a parent to waive the standard triennial reevaluation for a student with a disability.

Purpose

Federal law, specifically the Individuals with Disabilities Education Act (IDEA), requires that students receiving special education services be reevaluated at least once every three years to determine if they still qualify for services and to identify their current educational needs. The "Notice of Agreement" is used when both the school and the parent agree that existing data (such as progress monitoring, IEP goal performance, and academic records) is sufficient to continue the student's current program and that no new formal testing is needed at that time. 

Key Details

Mutual Agreement: This waiver requires the written agreement of both the parent and the school district.

Parental Rights: Parents have the right to disagree with the school's recommendation to waive the reevaluation. If a parent disagrees, the school district must proceed with the reevaluation.

Reasons for Waiver: The form will typically state the reasons why the reevaluation is considered unnecessary, such as consistent progress or a clear understanding of the child's needs.

Future Reevaluation: Even if a reevaluation is waived, either the parent or the school can request a reevaluation at any time if conditions change or new concerns arise.

Importance of Current Data: Parents are advised to carefully consider waiving a reevaluation, especially before a student transitions to post-secondary education, as recent evaluation data is often required for colleges to provide accommodations under Section 504. 

Procedure to Waive the Evaluation

Confirm eligibility and timing

Verify when the 3-year reevaluation is due and whether any interim information suggests a reevaluation is warranted (see guiding questions below). 

Guiding Questions:

  • Is the student aging out or graduating within 12 months?
  • Is there new information that would be gained from conducting a new evaluation (has the student had any significant changes in performance)?
  • Does the student have outside services in place, or is information from a new evaluation necessary for the student to access future services?
  • Is the parent, guardian, or student aware of the potential future services that may be affected by waiving the evaluation (if the parent initiated the request)?

Gather Data

Consider recent progress reports, classroom data, behavior notes, grades, intervention outcomes, and any parent or teacher concerns prior to the meeting or discussion. Work with your assigned School Psychologist to ensure qualification

Apply to waive the Evaluation

Complete the Request for waiving a 3-year evaluation Once reviewed, a follow-up, and/or confirmation, or denial will come from the Due Process Coordinator

Documenting the conversation

Record who participated in the decision and the educational rationale for not conducting a full reevaluation in a Record of Team Meeting

Complete the Notice of Agreement

Complete the Notice of Agreement that a 3 Year Reevaluation is Not Needed page on SpEd Forms Parents must be given notice and an opportunity to agree or disagree. Record their signature or the fact they declined to sign and their stated reason if any.

Update the Evaluation Report

See guidance below

Updating the Evaluation Report

Upon creating a new Evaluation Template, you will need to add a section titled: Waiving the Evaluation

This section will have the following statement:

This evaluation has been waived. The purpose of this report is to correct dates in SpEd Forms to align with the due date of the next evaluation report. No other content or information is included in this report.

You will then complete the "primary disability and team membership page", checking the "Is Eligible for re-evaluation... box and ensure that the correct disabilities are listed under primary and secondary.

You will then finalize the evaluation report, using the date that the team determined for waiving the evaluation.

Reminder

If a parent requests a reevaluation, the district must follow the procedural requirements for responding — document any parent requests in writing.