Evaluation/Reevaluation

Evaluation or reevaluation is the process of utilizing formal and informal procedures to determine specific areas of a person’s strengths, needs, and eligibility for special education services.
3.0 Evaluation or Reevaluation Standards
An evaluation must reflect the person’s present level of performance and shall be the basis for later educational planning. An evaluation must be conducted when a person’s academic, behavioral, emotional, social, physical, communication, or functional skill acquisition in the present educational placement indicates a disability and a need for a special educational placement, program, or service. An evaluation must be conducted at least every three years. An evaluation may be conducted if the student or other agency requests, and must be conducted if the parent or student over age 18 requests. The evaluation must be conducted by a multidisciplinary team in the areas of suspected disability using technically adequate instruments and procedures. Minn. R. 3525.2750, subp. 1 (A), (C)- (E)
3.1 Evaluation Procedural Safeguards and Timelines
Referral for Evaluation
Parents and guardians must receive prior written notice of any proposed formal educational assessment of their child.
Referral for evaluation occurs when:
• Pre-referral interventions have proven unsuccessful in remediating the presenting problem;
• A determination is made that the learner’s need for the evaluation is urgent (reasons for urgency include possible physical and/or sensory disabilities, possible speech impairments, or the learner’s behavior is a danger to self or others); or
• Formally requested by the parents. An evaluation may also be conducted if requested by the student 18 years of age or older or another agency.
The referral review includes:
• A review of any additional screening, referral, or other data about the person and select licensed special education personnel and others as appropriate to conduct the assessment.
• A review of the regular education-based pre-referral interventions conducted before referral for an evaluation.
The student support team appoints a case manager to oversee the evaluation process and coordinate the evaluation team.
3.1.1 Notice Before Evaluation or Reevaluation
The district must obtain informed consent from the parent of a child before conducting a formal evaluation or reevaluation for special education. The purpose of this notice is to inform parents that their written consent must be obtained before the district proceeds with the initial assessment or reassessment. For a reevaluation, the district may proceed if it can demonstrate and document that it has taken reasonable measures to obtain parent consent and the parent has failed to responds. Reasonable measures means more than one attempt. The notice must also inform parents that they have the right to obtain an independent educational evaluation of their child at district expense if they disagree with the evaluation conducted by the district.
3.1.3 Parental Consent for Evaluation
An initial evaluation cannot proceed without prior written consent of the parent. If the evaluation is a 3- year reassessment, the team can proceed with the evaluation after the expiration of the 14 calendar day parental response time. By law, you may proceed with the evaluation after 14 days iif the parents don’t respond in writing, but it is preferred that you try to get their permission if at all possible. More than one attempt should be documented to obtain written parental consent.
Three parental responses to the notice are possible:
1. "I give permission to the district to proceed as proposed." In this instance, the case manager will inform the evaluation team to begin the evaluation.
2. "I need further information". In this instance, the case manager shall contact the parent and arrange an informal meeting at which concerns and questions may be discussed.
3. "I do not give permission to proceed with the evaluation as proposed...". In this instance the case manager will immediately inform the building principal of the parental denial and the principal should contact the director or assistant director of special education. The district must offer the parent the opportunity to meet with appropriate district staff in at least one conciliation conference, mediation or other method of alternative dispute resolution.
Parent notice is not required for such activities as large group screenings, individual student observation within the regular classroom, informal inventories and consultation between regular and special education personnel.

Evaluation Determination Meeting
The evaluation determination meeting held prior to an initial or three year evaluation is now a team process, rather than an informal meeting to decide who and what tests are to be administered. The team includes the parents, classroom teacher, school representative, and service providers. Because IDEA '97 now allows for no formal evaluation, the purposes of the meeting is to review the information already available about the student to determine if there is any need to conduct further formal assessment.

In order to encourage parent participation, a phone call to arrange a mutually convenient time prior to sending a Notice of a Team Meeting, is recommended. It is also important to coordinate the meeting date with any itinerant staff that needs to be in attendance. If the parent is comfortable with information shared over the phone the meeting can be held without the parent.

While parents are encouraged to attend the evaluation determination meeting, many parents may not be able to be present. A key piece of the evaluation determination meeting is the opportunity to obtain parent information regarding concerns about their child. This information may be obtained in a number of ways, one of which would be the Home and Family Interview that can be found in the new SLD Companion Manual (contact BRIC if you don't have this manual) or may now find this form in the TSES BRIC Forms section. The purpose of this form is to gather information and observations about their child and other issues that may affect school performance. This form could be mailed to the parent along with the Notice of a Team Meeting. If the parents indicate that they will not be attending the meeting, they can be encouraged to send the Home and Family Interview back as a means of participation.

Each team member should come to the meeting prepared to address the following:
Parent Classroom Teacher Support Staff
Issues of Concern
Medical Reports/Information
General Observations Referral Information
Grades
Work Samples
General Observations
Present Level of Functioning Classroom Observations
Previous Evaluations
Present Level of Functioning

Based on a synthesis of the above information, the Notice of Educational Evaluation/Reevaluation Plan is completed and a determination is made to:
• Refer for a new evaluation
• Refer for a revaluation
• Determine that no further information is needed to determine that the student continues to be in need of special education support
Three Year Reevaluation
All evaluations require a systematic observation in the area of suspected disability. If the evaluation determination meeting is to plan for a 3 year reevaluation, best practice would suggest that the observation be completed prior to this meeting. If the observation is included with information from the parent, classroom teacher and special education staff, the team may determine that no additional information is required to determine that the student continues to have a disability that requires special education services, At that point the Notice of Educational Evaluation/Reevaluation Plan indicating additional data are not needed is completed. If the parent has attended the evaluation determination meeting and is in agreement with the decision, the team could move on to the eligibility and IEP planning meeting.

3.1.5 Evaluation Timelines
Initial Evaluation
The evaluation must be completed within a reasonable time not to exceed 30 school days from the date the district receives parental permission to conduct an initial evaluation or from the expiration of the ten-day parental response time for reassessments. Reevaluations for special education services must be conducted if conditions warrant a reevaluation or if the child's parent or teacher requests a reevaluation but must occur at least every 3 years.

Reevaluation
The team shall conduct a reevaluation within a reasonable time not to exceed 30 school days from the date the district receives parental permission to conduct the evaluation or within 30 school days after the expiration of the 14 school day parental response time.

Infant and Toddler Evaluation
Every attempt should be made to ensure that the evaluation is completed within 45 calendar days from parent permission. In the event that exceptional circumstances make it impossible to complete the evaluation within 45 calendar days, the case manager should document those circumstances and develop and implement an interim IFSP as appropriate. 34 C.F.R. 303.322 (e)(2)

3.2 Evaluation and Reassessment Procedures
Evaluation is the process of utilizing formal and informal procedures to determine specific areas of learner strengths, needs, and eligibility for special education services. The evaluation shall reflect the person’s present level of performance and serve as a basis for educational planning. An evaluation must be conducted when a person’s academic, behavioral, emotional, social, physical, communication, or functional skill acquisition in the present educational setting indicates a disability and need for special education services. The purpose of evaluation to:
• to determine eligibility for special education and related services
• to identify specific strengths and areas of need that may be used to plan an appropriate instructional program
• to determine that the student has a disability

Evaluation Process
Presenting Problem
Prereferral
Referral and Review of Existing Data
Evaluation and Eligibility
Student Needs
Present Levels of Educational Performance
Evaluation Report
3.2.1 Initial Evaluation Procedures
An evaluation must be conducted when a person's academic, behavioral, emotional, social, physical, communication, or functional skill acquisition in the present educational placement indicates a disability and a need for a special educational placement, program, or service. An evaluation may be conducted if the student or other agency request, and must be conducted if the parent or student over age 18 requests. (M.R. 3525.2750 Subp.1.A.,C.D.)
For a child who was previously assessed and determined not eligible, an evaluation at a later date is considered an initial evaluation.

For a child who has entered your district already identified as eligible for special education services in another Minnesota district, the first evaluation for this child in your district is a reevaluation, not an initial evaluation.

3.2.2 Reevaluation Procedures
An evaluation must be conducted at least every three years. Informed parental consent need not be obtained for reevaluation, if the school can demonstrate that it has taken reasonable measures to obtain that consent and the child's parent has failed to respond. An evaluation may be conducted if the student or other agency request, and must be conducted if the parent or student over age 18 requests. (M.R. 3525.2750)

Each fall the IEP manager should review the eligibility date on all their students to determine which ones are due for re-evaluation that year. The IEP manager must alert the evaluation team in a timely manner so that the eligibility determination and all evaluations are completed on or before the three-year anniversary of the previous eligibility determination.

When possible, try to space the referrals for re-evaluation over the course of the year in order not to overload the evaluation team at any one time. For many itinerate staff, it may be extremely difficult to complete evaluations if they are held back until the last month or so of school. Each district should implement a cut off date for referrals that will allow time for evaluations to be completed within 30 school days prior to the end of the school year.

Parents must be given the opportunity to participate in making decisions regarding reevaluation. Best practice would suggest that the parent be contacted by phone to determine whether they wish to participate in the reevaluation determination meeting. Efforts to include the parent in this process must be documented on the student's phone log. If the parent does not attend this meeting, the assessment team may proceed with the planning. Whether the parent chooses to participate or not, permission must be obtained through the use of the Notice of an Educational Evaluation/Reevaluation plan form. The Notice of an Educational Evaluation/Reevaluation plan provides an opportunity for parents to give informed consent (i.e. signature) for any reevaluation plan developed by the IEP team. The district may proceed with a reevaluation if it has documented more than one attempt to get a signature and the parents have not responded. The minimum requirements for two attempts include the team meeting notice or phone contact and one follow-up notice or phone contact.

If additional data is needed, formal evaluation may be initiated 14 calendar days after parental receipt of the notice, unless the parents object in writing to the proposed evaluation.

*For the student who is blind or visually impaired, there additional Minnesota requirements for evaluation.

*A multi-disciplinary of evaluation of secondary transition needs must be conducted by grade nine or age 14. Areas of evaluation must be relevant to the student's needs and must include work, recreation and leisure, home living, community participation, and post-secondary training and learning opportunities.

*When a conditional intervention procedure is under consideration, an evaluation must include an analysis of purpose, effect, and seriousness of the behavior. The team must document that it has ruled out any other treatable cause such as a medical or health condition for the interfering behavior.

Due process requirements for securing parent permission are the same as those for a reevaluation:
• when a student enters the district with a current IEP from another state. The BRIC Transfer Student form should be used to document decision;
• when a student is being assessed in a new disability area and is already in special education;
• when a child is transitioning from Early Childhood Special Education to a different disability area.

3.2.3 Additional Requirements for Both Evaluations and Reevaluations
A student must be referred for evaluation through a formal referral process that includes all due process requirements. The review of existing data is the first step of required parent involvement. The team must make a determination, given the presenting problems and data gathered to date, whether a referral for a special education evaluation is warranted. If deemed necessary, the student is formally referred for a special education evaluation and the parent's written permission using the Notice of Educational Evaluation/Reevaluation form is required in order to proceed.

When a disability is suspected, the following domains must be considered when determining the need for evaluation.
intellectual/cognitive functioning emotional, social, and behavioral development academic performance sensory status
functional skills physical status communication transition areas (9th grade or age 14) including vocational motor ability observations

Review of Existing Evaluation Data
Reevaluation does not necessarily mean retest. Based on a review of existing data, there is a continuum of options for reevaluation ranging from full evaluation to a determination that no additional data are needed. However, all criteria components must be addressed in each reevaluation.

The difference between an evaluation and a reevaluation is that the team knows significantly more about the student through the three years of experience with the student. This knowledge expands even further when there is a second or third reevaluation. The experience and knowledge gained can, if documented, substitute for formal testing so that the requirements for reevaluation may be altered. As a part of the evaluation determination meeting, the team shall review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based evaluations and observations, and teacher and related services providers observation. There is no longer requirements on the number of IQ evaluations that must be administered. Rather the need for re-administration of an IQ test rests with the determination of the team review.

On the basis of that review, and input from the parents, the team must identify what additional data, if any are needed. The use of existing data for reevaluation purposes means applying previous test scores and evaluation findings to address:
• whether the child continues to have a disability;
• the present levels of performance and educational needs of the child;
• whether the child continues to need special education and related services; and
• whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP and to participate as appropriate, in the general curriculum.
These previous findings must be confirmed by current information including at least teacher observations, parent input, and classroom evaluations.

It is not sufficient for the team to merely agree the student is still disabled. The team must still base its decision on reliable, valid, nondiscriminatory comprehensive and objective sources of data. After reviewing the existing data, the team may decide that no additional or formal evaluation needs to be done in order to make the determination that the child continues to be in need of special education. The case manager through the Notice of Educational Evaluation/Reevaluation Plan must notify the child's parents of the determination and the reasons for it. The parents must be informed that they have the right to request an evaluation, if they choose. If one or both parents ask the district in writing for retesting to provide additional data, the district must do so.

At that point, with parent permission, the team could schedule a time to meet to develop a new IEP or, if the parent is present and is agreeable, move into developing a new IEP at that meeting. Even when no additional information is needed, an Evaluation Report is still required. The information that is used to make the determination that no additional information is needed will be used by the school psychologist to write the Evaluation Report. This written report must identify:
• The data used to confirm the student still has a particular category of disability or in the case of reevaluation, whether the student continues to have a disability;
• The present levels of performance and educational needs of the student;
• Whether the student continues to need special education services or in the case of reevaluation, whether the child continues to need special education and related services; and
• Whether modifications or adaptations to special education and related services are needed.

It is the responsibility of each team member to provide the school psychologist with a written statement of the data used to make the team decision in their area of disability. The case manager is responsible for also providing the school psychologist with a written review of previous evaluations and if the parents do not attend this meeting, a brief summary of parent perceptions of the child's strengths and skills and their concerns about their child's education.

Norm-referenced evaluations and outside evaluation data may be considered "current" if they were conducted within 12 calendar months prior to the eligibility determination meeting.
3.2.5 Multidisciplinary Evaluation Team
The referral review shall select licensed special education personnel and other as appropriate to conduct the evaluation, including licensed special education personnel and others who may have the responsibility for implementing the education program for the student. When a student is provided special education services through a multidisability team teaching model, the team member licensed in the student's disability area is responsible for conducting the student's evaluation. (M.R. 3525.2350 Subp.3)
For children birth to age seven suspected of having a hearing or vision disability, the team must include a licensed teacher in the area of suspected sensory impairment.

Specific Learning Disability
The IEP team is now required to conduct evaluations, determine eligibility, and develop the IEP. There is no longer a separate multidisciplinary evaluation team. The IEP team itself must meet the requirements for the multidisciplinary evaluation team when performing this function. Team membership includes:
1. the parent,
2. at least one general education teacher (if the child is, or may be participating in the general education environment),
3. at least one special education teacher, or where appropriate, one special education provider,
4. a district representative who is qualified to provide, or supervise the provision of specially designed instruction, is knowledgeable about the general education curriculum, and is knowledgeable about the availability of resources of the district,
5. an individual who can interpret the instructional implication of evaluation results, who may already be one of the above named members,
6. at the discretion of the parents or the district, other individuals who have knowledge or special expertise regarding the student, and
7. whenever appropriate, the student with a disability.
Student’s who are suspected of having a specific learning disability shall be observed in the general education classroom by someone other than the student’s teacher.

Interagency Services
If at the time of initial referral or reevaluation, the school determines that a child with disabilities who is age 3 through 21 may be eligible for interagency services, the district may request that the county of residence provide a representative to the team.

The district may request to have a county representative attend other IEP meetings when it is necessary to facilitate coordination between district and county provided services. Upon request from the school, the county shall provide a representative to assist the IEP team in determining the child’s eligibility for existing health, mental health, or other support services administered by the county. (M.S. 120.17 Subd. 3d)

When possible and in the best interest of the child, a coordinated plan of care should be developed incorporating both the IEP and the ISP (Individual Service Plan) that is developed by the county.

3.2.6 Nondiscriminatory Evaluation Procedures
Every effort is made to assure that testing and evaluation materials and procedures used for the purposes of evaluation and placement of children with disabilities are selected and administered so as not to be racially or culturally discriminatory. If staff has any questions regarding the appropriateness of particular evaluation procedures they should contact their school psychologist or the director or assistant director.

3.2.5 Evaluation Materials and Procedures
The evaluation must be provided and administered in the student's primary language or mode of communication unless it clearly is not feasible to do so. (M.R. 3525.2750 Subp. 1G)

The evaluation should be conducted in the environment in which the student is typically found. This may be the home, school (public or private), or community setting which the person attend.

When the district determines that the evaluation or a portion of the evaluation cannot be performed using the personnel resources of the district and/or BRIC, the district shall make arrangements elsewhere for that portion of the evaluation and shall assume all costs for such evaluation unless the evaluation is for services contracted and paid for by BRIC.

Limited English Speaking Students
For your information: In Minnesota, a Limited English Speaking (LEP) learner is defined as a learner who:
1. First learned a language other than English; comes from a home where the language usually spoken is other than English; or usually speaks a language other than English; and
2. Scores significantly below the district average for learners of the same age on the reading and language arts subtests of a nationally normed achievement test. Teacher evaluation of skills in understanding, speaking, reading and writing should also be considered.

Communicating with Parents Who are Limited English Proficient
Federal laws and state rules require schools to inform all parents of their special education due process rights. This includes parents who do not speak English or who use another communication mode. This necessitates the use of translations and interpretations for parents who are not fluent in English. The underlying goal of federal laws and rules is to enable parents to provide informed consent. In order to give informed consent, parents must receive information in a manner that they can understand. Informed consent also increases school/parent cooperation and understanding. In order to meet the intent of the law, schools should think about both the language of the parent and the best methods of communication

One method of communication is to use the written translations of due process materials. These are available by contacting the BRIC office. Parents, however, have varying abilities to speak and read their native language and English. For example, some parents are highly literate in their native language but do not speak or read in English. These parents can benefit from translated forms. Other parents may speak some English as well as their native language but not read in either. Oral interpretation may be more meaningful to these parents.

Parents Do Not Want An Interpreter
Many adults in Minnesota who are native speakers of another language are very fluent in English. However, cultural values, personal pride and the desire to not create a burden for the school may lead some parents to claim a greater degree of English proficiency than they actually possess. There may be situations where the parents refuse the right to an interpreter, but staff members suspect that they do not fully understand the complex information being presented. In these cases, districts may wish to try the following steps. In all cases, it is important for the school staff and parents to take some time to get to know each other and develop a trusting relationship.
• Consult with the ESL staff. These staff members usually have the greatest knowledge of the family's circumstances and may be able to mediate.
• Consider whether the parents have a conflict with one particular interpreter. There are sometimes issues of dialect, ethnic group or clan affiliations that make a given interpreter unacceptable to a family. There may be concerns over confidentiality. Gender can also be an issue. For example, it may be inappropriate for a male interpreter to ask a mother very personal questions about her child's birth and development.
• Explain to parents that special education can be very complicated and that many English speaking parents have trouble understanding it.
• Explain that the school needs help to understand their language and culture. Place responsibility for communication barriers on the school rather than on the family.
• Consider the best interest of the child. Is the school missing critical pieces of information that can only be obtained from the family via an interpreter? It is important to be sensitive, but the student' interests may override those of the parents.
• Remember that having an interpreter does not guarantee good communication if the parents and the school do not have a good relationship.
Parents are Unable to Read
Because of lack of opportunity for education, some parents of ESL students are unable to read or write in their native language. Districts should provide oral interpretation in these cases so that parents can be involved in their child's education in a meaningful way. Even when parents are unable to read, districts are advised to have their interpreter use the translated due process forms. This is recommended for the following reasons.
• In many languages, there are no exact equivalents of special education terms. Different interpreters may use different words to explain special education concepts. Using the written translations can help increase consistency in interpretation. This is especially true if the interpreter is not trained in special education.
• Interpretation of special education documents from English into another language is complex and time consuming. Using the translated forms should greatly simplify the interpreter's task.
It is also helpful to tape record oral interpretations of special education materials. Special education is complex and the information shared at team meetings can be difficult to absorb in one sitting. A tape recording would give parents the chance to listen to the information several times to refresh their memory.

General Principles for Working with an Interpreter
Many skills are needed by interpreters and translators. It is equally important for monolingual English speakers who use an interpreter to have knowledge and skills for their role. Monolingual staff should try to work with the interpreter as a team whose goal is to communicate as effectively as possible. English speakers can make sure things go smoothly by:
• Talking with the interpreter ahead of time to explain the purpose of the meeting and discuss the interpreter's role
• Avoiding excessive use of jargon, slang or idioms
• Explaining any technical terms or jargon that must be used
• Speaking clearly and pause for interpretation after every 3 or 4 sentences
• Speaking directly to the parents using first person language (say "what do you think about..." instead of "ask the parents what they think about...") This makes the interpreter's work much easier and also shows respect to the parents.
It is important that the interpreter:
• Understands the purpose of the meeting
• Understands that he/she should interpret or translate precisely and completely
• Understands data privacy laws and the importance of confidentiality
• Is fluent in English and in the native language or dialect spoken by the family
• Is not biased toward the student or family because of personal, ethnic or linguistic reasons
• Has good interpersonal communication skills

Limited English Proficient Families and Due Process Documentation
The following are a variety of steps that schools can use to communicate with families and provide due process documentation.
Procedure Documentation
1. Offer translations of written materials and oral interpretation to all parents when the home language questionnaire and other information indicate that the parents speak a language other then English Contact BRIC for a sample form to document that translation and interpreting services were offered. It is also sufficient to place a written note in the special education file.
2. If parents are able to read in a language other than English, districts may comply with due process requirements by utilizing the translated forms. Provide oral interpretation at team meetings. Put copies of translated forms in due process file. Make note of the presence of an interpreter by including their name on due process forms where applicable or by noting their involvement in meeting notes.
3. If the parents are unable to read in their native language or in English, utilize oral interpretation. An interpreter should call or meet with the family to explain notices as they are sent out. In addition, an interpreter should attend meetings. There should be some form of documentation that written materials were interpreted into the native language. Contact BRIC for sample forms. Attach this form to an Evaluation Report or IEP. In addition, the interpreter should be listed on due process forms and in meeting notes. In addition, school are recommended to tape record oral interpretations so that parents can review the information as needed.
4. If parents are able to read in their native language but translated forms are not available, schools have two choices: (1) contract with an individual to prepare a written translation; (2) provide oral interpretation. See #2 and 3 above.
5. If parents are able to read and comprehend English and if they refuse the offer of translation and interpretation, districts may use English language materials. See item #1 above.

Funding for Interpreters
Special education laws and rules specifically require schools to communicate with parents in their native language. State and federal special education funds may therefore be used to pay interpreters who help carry out due process requirements (including implementation of IEP's). Schools can either employ staff or contract for these services. Employees should be claimed as Bilingual Home-School Liaisons (EDRS personnel type 39) Contracts are handled in the same manner as any other outside contract for special education services.
3.2.8 Braille Skills Inventory
The evaluation required for each student with blindness must include a Braille skills inventory, including a statement of strengths and deficits. (M.S. 120.17 Subd. 2)

Braille instruction and use are not required if in the course of developing the student's IEP, the team members concur that the student's visual impairment does not affect reading and writing performance commensurate with ability. The team includes a teacher who is licensed to teach learners with visual handicapping conditions and who is knowledgeable about Braille. It also does not require the exclusive use of Braille if other special education services are appropriate to the student's educational needs.

Instruction in Braille reading and writing shall be available for each blind student for whom the multidisciplinary team has determined that reading and writing is appropriate. This instruction must be sufficient to enable the student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level.

The student's IEP must specify:
• The results obtained from the evaluation.
• How Braille will be implemented through integration with other classroom activities.
• The date on which Braille instruction will begin.
• The length of the period of instruction and the frequency and duration of each instructional session.
• The level of competency in Braille reading and writing to be achieved by the end of the period and the objective evaluation measures to be used. and
If a decision has been made that Braille instruction or use is not required for the student the team must document:
• that the decision was reached after a review of pertinent literature describing the educational benefits of Braille instruction and use; and
• the specific evidence used to determine that the student's ability to read and write effectively without Braille is not impaired.

3.2.9 Secondary Transition Evaluation
Every district shall ensure that all students with disabilities are provided the special instruction and services which are appropriate to their needs. The student’s needs and the special education instruction and services to be provided shall be agreed upon through the development of an individual education plan. The plan shall address the student’s need to develop skills to live and work as independently as possible within the community. By grade 9 or age 14, the plan shall address the student’s needs for transition from secondary services to post secondary education and training, employment, community participation, recreation and leisure, and home living. The plan must include a statement of the needed transition services, including a statement of the interagency responsibilities or linkages or both before secondary services are concluded. (M.S. 120.17 Subd.3a)

In developing the plan, districts must inform parents of the full range of transitional goals and related services that should be considered. For some students, at this point in their academic career, there may be more a need to focus on life skills rather than strictly on completing traditional classroom curriculum. To assess and plan for a learner’s secondary transition appropriately, additional members of the multi-disciplinary evaluation team may be necessary and may include vocational education staff members and other community representatives as appropriate. In general, involvement of non-school participants on a student's transition-focused IEP team will be requested at least two years before a student leaves high school. If in doubt about when to include a person to participate on the team, contact the person/agency to discuss the request for involvement. In a number of BRIC districts, county social services, encourages the case manager to notify them of students as they turn age 14 who will have significant transitional issues (i.e., supported living, guardianship, etc.).

By grade nine or age 14, the IEP plan shall address the pupil’s needs for transition from secondary services to post-secondary education and training, employment, and community living.
A. For each pupil, the district shall conduct a multidisciplinary evaluation of secondary transition needs and plan appropriate services to meet the pupil’s transition needs. Areas of evaluation and planning must be relevant to the pupil’s needs and may include work, recreation and leisure, home living, community participation, and post secondary training and learning opportunities. To appropriately assess and plan for a pupil’s secondary transition, additional IEP team members may be necessary and may include vocational education staff members and other community agency representatives as appropriate. A number of evaluation tools are available in Making the Transition Team Work, 2nd Edition 1998 which is available through BRIC.
B. Secondary transition evaluation results must be documented as part of an evaluation summary according to part 3525.2750. Current and secondary transition needs, goals, and instructional and related services to meet the pupil’s secondary transition needs must be considered by the team with annual needs, goals, objectives, and services documented on the pupil’s IEP. (3525.2950)
Transition planning must go beyond preparing for the world of work to include a full spectrum of independent living activities within the community. Although work preparation is important, the ability to develop recreation and leisure skills, manage a budget, take part in community activities, develop friendships, plan for personal health care, etc., is of equal importance for a quality adult life.

Transition Areas to Assess
Five transition areas must be assessed and annually addressed in the IEP/transition planning process for all Minnesota students with special education needs age 14 years and older. These transition areas are:
A. Home Living: developing necessary skills to live as independently as possible;
• Financial/Income
Earned Income Supplemental Security Income (SSI)
Unearned Income (gifts/dividends) Social Security Benefits
Insurance (life, annuities) Trust/Will or similar income
General Public Assistance Minnesota Supplemental Assistance
Food Stamps Commodities
Meals on Wheels/Home Delivery Meals Medical Assistance
• Personal/Family Relationships
Counseling Visiting arrangements
Health Aide/Home Attendant Churches
Support Group Minnesota Family Subsidy
Respite Care County Human Services
Tax Deduction for Developmentally Disabled Individuals who reside at home
• Develop personal care skills including hygiene, health, private and public behavior.
• Develop housekeeping and cooking skills
• Develop budgeting skills
• Identify who to call and what to do in emergency situations
• Explore possible living arrangements
With family Share Living (roommate)
Adult Foster Care Independent Living (own house, apartment)
Shelter Care Group Home Low Income Housing
Specialized Shelter Care Group Home (training) Shared Ownership (Supportive Living Services, etc.)
Semi-independent (supervised) Living Services
B. Recreation and Leisure: knowing about and experiencing social and free time activities;
• Develop an array of specific and affordable recreation and leisure skills.
• Develop spectator or audience member skills.
• Identify activities through community education classes.
• Identify acceptable dress behavior for a variety of situations.
• Arrange social activities.
• Establish exercise routines.
• Identify possible social supports through family and community (church, clubs, etc.).
C. Community Participation: accessing community resources including people, places, and activities in the community;
• Develop shopping skills
• Assess vulnerability status
• Open and learn to use a bank account
• Register for military selective service
• Register to vote and vote in a local precinct
• Learn to schedule appointments
• Learn to order and dine at restaurants
• Access/Medical Services
Medical Care: Intermittent Care Daily-Long-Term Care Financial Resources, Group Policy, Available Individual Policy, Medicaid, other
Medical Services: General medical services (check-ups, etc.) TTY/TTD (Communication for Hearing Impaired)
Medication Supervision, Dental Care Medical Assistance
Medical/Accident Insurance
• Transportation
Independence (own car, bicycle, etc.) Ride-Share
Public transportation (bus, taxi, train) Community Volunteers
Specialized transportation (electric wheelchair, etc.) Car pooling
• Advocacy/Legal Services
Guardianship, Conservatorship Legal Aid
Wills/Trusts, other PACER, ALCD, ARC, VCP
Self-Advocacy
D. Jobs and Job Training: developing employment skills; and
• Participate in work responsibilities (chores) at home.
• Visit possible employment sites and "shadow" employees.
• Become aware of career opportunities and interest.
• Receive vocational training within the community.
• Develop interpersonal skills necessary to maintain employment.
• Participate in summer employment.
• Identify people and agencies who can assist in job search.
• Apply for support from the Division of Rehabilitation Services.
• Identify and check eligibility requirement for other job supports.
• Identify and apply for day training and habilitation services.
• Identify and arrange for transportation to and from work.
E. Postsecondary Education and Training: developing skills to access life-long learning opportunities.
• Identify personal learning styles.
• Become aware of career interests and options.
• Become aware of post-secondary enrollment options.
• Visit post-secondary institutions.
• Register and take college entrance exams.
• Develop a resume and request letter of recommendation.
• Identify and apply to post-secondary institutions.
• Identify supports needed at post-secondary sites.
• Identify and check eligibility requirements for adult support.
• Check courses and credits toward high school graduation.
• Apply for financial aid, scholarships, etc.
• Arrange for transportation and housing, if necessary.
In assessing the learner’s present level of performance and future transition needs, consideration should be given to the relationship between transition areas A through E and the learner’s skills and abilities in the following areas:
Communication. What communication skills does the student have that would allow him/her to interact in a social setting, on the job or training site?
Emotional. What are the emotional issues that might impact this learner in going swimming or on a job with a high demand for personal interaction with the general public?
Academics. How does the learner presently use his/her math, reading, or other academic skills in each of the five areas?
Technology. What is the learner’s past use of, present use of, or need for technology, as it applies to the five areas?
Transportation. What does the learner presently use, know how to use, and/or need to use in the future?
Interpersonal/Social. How does the learner use these skills in each of the five areas? What is needed to develop these skills?
Medical/Physical. Are there medical or physical concerns which impact the level of performance in any of the five areas?
Advocacy/Legal. What level of ability does the learner need to know his or her rights in each of the five transition areas?
Learner Preference. What activities does the learner want to participate in each of the five areas.
Anticipated Future Environments. What is the learner’s knowledge of and ability to function in the desired future environments for each of the five areas?

Transition Evaluation Plan
The following is a suggested plan for assessing students with disabilities throughout their transition years.
A. By the time a student with an IEP reaches age 14 or grade nine, he or she needs a multidisciplinary evaluation of transition needs and a plan for obtaining services to meet those needs. School districts with Carl D. Perkins funding need to begin vocational awareness activities for students in 8th grade. The Career Winds software that your district may already have is a valuable tool for assessing vocational awareness in middle school students.
B. For initial referral, transition evaluation cannot occur until signed parent permission is received. Permission is given when a parent or guardian signs the Notice of an Educational Evaluation/Reevaluation Plan. For students with an existing IEP, reevaluations may begin unless the parent(s) or guardians object in writing within 14 school days after receiving the request. If the team reviews existing data and determines that no further evaluation is needed the parent must sign the Notice of an Educational Evaluation/Reevaluation Plan.
C. In addition, a letter further explaining transition to parents may be sent with the Notice of an Educational Evaluation/Reevaluation Plan or with the notice of an IEP/transition planning meeting. (see sample letter)
D. For transition planning, all five areas must be addressed using more than one evaluation tool. In many instances, the use of surveys, interview, observations and formal or standardized evaluations will provide the most effective transition evaluation tools.
E. In general, a student’s IEP Manager will be the primary person to ensure that transition evaluation and planning is carried out. Other members of a student’s planning team may and should conduct any appropriate evaluation to obtain a holistic picture of the person. For some student's with disabilities it may be appropriate to include other agencies (i.e., county social services) as early as age 14 in order to address issues such as guardianship and supported living and work situation planning may begin.

3.2.10 Behavioral Intervention Evaluation
An evaluation must include an analysis of purpose, effect, and seriousness of behavior when the use of a conditional intervention procedure is under consideration. The evaluation team must document that it has ruled out any other treatable cause such as a medical or health condition for the interfering behavior. (M.R. 3525.2750 Subp.1)
Functional Evaluation
A functional behavioral evaluation is a process of gathering information which seeks to identify the problem behavior a student may exhibit in order to determine the function or purpose of the behavior and to develop interventions to teach acceptable alternatives to the behavior. When a thorough functional analysis is completed, the following information is available:
1. Description. Target behaviors, both undesirable, challenging behaviors and positive, replacement behaviors are described in such a manner that anyone reading the description knows exactly what the behavior looks like.
2. Prediction. A predication is made of the times and situations during which the target behaviors will and will not be performed across the full range of typical daily routines. Such a prediction includes the following elements:
• identification of medical and physical variables that may affect the behaviors;
• define the setting in which the person performs the behaviors;
• identify and define the events that consistently precede the behaviors (e.g., people, setting, activity, time of day).
3. Function. Identification of the functions or maintaining reinforcers for the challenging behaviors, adaptive replacement target behaviors are defined. In addition, a history of the challenging behaviors including previous intervention efforts and their effects are documented.
3.2.11 Infant and Toddler Evaluation
Within 45 calendar days after it receives a referral, the district shall complete the evaluation and evaluation activities and hold an IFSP meeting. In the event of exceptional circumstances that make it impossible to complete the evaluation and evaluation within 45 calendar day (e.g., if the child is ill) the district will:
• Document those circumstances; and
• Develop and implement an interim IFSP to the extent appropriate.(34 CFR 303.322)
Interim IFSP
Early intervention services for an eligible child and the child's family may commence before the completion of the evaluation and assessment if the following conditions are met:
1. parental consent is obtained
2. an interim IFSP is developed that includes:
a. the name of the service coordinator who will be responsible for implementation of the interim IFSP and coordination with other agencies and persons; and
b. the early intervention services that have been determined to be needed immediately by the child and the child's family
3. the evaluation and assessment are completed within the time period required.
Each infant or toddler with a disability and their family shall receive:
• A multi-disciplinary evaluation of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs;
• A family-directed evaluation of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of their child with a disability;
• A review of pertinent records related to the child’s current health status and medical history; and
An evaluation must include a health status and medical history. The child’s present level of functioning, must identify the unique needs of the child and the services appropriate to meet those needs in the following areas:
1. cognitive development
2. physical development, including vision and hearing
3. communication development
4. social or emotional development
5. adaptive development
Family Evaluations
Family evaluations must be family-directed and designed to determine the resources, priorities, and concerns of the family related to enhancing the development of the child. Any evaluation that is conducted must be voluntary on the part of the family. If an evaluation of the family is carried out, the evaluation must:
• Be conducted by personnel trained to utilized appropriate methods and procedures;
• Be based on information provided by the family through a personal interview; and
• Incorporate the family’s description of its resources, priorities, and concerns related to enhancing the child’s development.
Infant/Toddler Transition
The district will convene a conference with parental consent, for a child who may be eligible for preschool services, at least 90 days, or up to 6 months, prior to the child's third birthday to discuss preschool services that the child may receive. As a part of the transition process, the team including the parent may determine the need for additional data. If formal evaluation is needed, the team must follow the general procedures for evaluation of all students.
3.2.12 Evaluation Report
Parents must be provided with a copy of their child's Evaluation Report as well as the IEP/IFSP. It is recommended that the first page of the Evaluation Report include the Reason for Referral and Parent Information. The parent information section should include a brief summary of parent perceptions of the student's strengths and skills and their concerns about their child's education.
The following pages should include:
• Existing Evaluation Data: Summarize existing data on the student's performance, including prior evaluations and information provided by the parents (if different from above), current classroom-based evaluations and observations, and teacher and related service provider observations.
• Observation: Summarize the systematic classroom observation data, describing relevant observed behaviors and how the daily routine setting or classroom observation data relates to the student's educational functioning. How behaviors related to the disability are manifested in the classroom should be described.
• Medical: Information relevant to the student's learning should be summarized. A copy of reports or letters from physicians or other medical personnel as appropriate, should be attached to the report or included in the student's learner file.
• Current Evaluation Results/Present Levels of Performance: List and describe the evaluations conducted and summarize pertinent test scores in the format designated in the specific eligibility category criteria. Briefly summarize any behaviors, learning styles, scoring limitations and/or modifications.
Describe how the results of independent evaluations obtained by the parents (if any) were considered. Describe the student's current levels of functioning for skills and behavior. Include strengths and information related to how the disability affects the student's involvement and progress in the general curriculum ( or for preschool, how the disability affects involvement in appropriate activities). Be specific as goals and objectives are developed from this information.
For secondary transition, summarized the relevant interests and skills in each of the five secondary transition areas. Reporting should focus on the relationship of those interest, skills, and needs to the student's long range goals.
For reevaluation, a summary of the data gathered and considered must be written, even if no standardized evaluation procedures were used. An integrated report is still required to summarize data considered, eligibility components, continuing need of special education, present levels of performance and needs. Describe any additions or modifications to special education and related services that are necessary to enable the student to meet the measurable annual goals set out in the IEP and to participate, as appropriate, in the general curriculum.
The following format provides some possible suggestions to include in the various areas when assessed:
Intellectual psychological testing results, situations that enable learner to learn (repetition, 1:1, lecture, experience, small group)
Academic grade level and degree of mastery in relationship to peers own age (math, reading, cognitive skills), strengths and weaknesses in processing information learning style
Communication how learner communicates, articulation, language
Motor Ability gross motor (balance, coordination, locomotor, visual-motor integration, object control)
fine motor (cutting, coloring, writing skills)
Sensory Status vision testing, hearing testing
Physical Status diet, seizures, medication, allergies, illnesses, medical conditions
Emotional, Social, and Behavior peer relationships, classroom learning behaviors, adult relationships, equipment/materials, self concept, on task behavior, moods, disposition
Functional Skills independence: mobility, motor, personal hygiene, self-care, personal safety, etc.
social: recreation, leisure, social expression, appropriate social skills, etc.
functional academics: receptive/expressive language and application of basic skills such as functional math and reading, etc
Vocational Skills home living: housekeeping and cooking skills, personal care skills, budgeting, etc.
recreation & leisure: hobbies, social activities, sports, interests, etc.
community participation: clubs, voting, drivers license, shopping skills, etc.
jobs and training: chores at home, summer employment, work habits, etc.
post-sec. ed. & training: learning style, career interests and options, development and preparation for learning employment skills

Educational Needs: Based on existing data, evaluation results, and present levels of performance, state the educational needs of the student. Educational needs are individually determined student-based skill and behavior needs for specialized instruction in skill and/or behavior areas and compensatory strategies. Education needs do not refer to materials, methods, or types of special education services. Be specific as goals and objectives are developed from this information. It is important that all recommendations brought to the meeting by the team members are discussed and synthesized into specific needs statements which will generate the goals on the IEP.
Eligibility Determination: Summarize the team's interpretation of all the evaluation results and the team's judgment regarding eligibility, addressing all criteria components. Write a narrative summary synthesizing the evaluation results and data from all team members. The data should support the team's decision concerning eligibility or continuing need for special education services. The interpretation of the team synthesizes the evaluation results and relates the data to the eligibility criteria to support the team's decision regarding eligibility. Merely stating the components or checking off the components on a checklist is not sufficient. The eligibility statement must include the supporting documentation to verify each criteria component. All criteria components must be addressed for both initial evaluation and reevaluation. When no additional data are needed, summarize the existing data that supports continued eligibility and continued need for service. The report shall contain the team mebember's names, titles and date of report.
For SLD reports a statement must be included addressing the effects of environmental, cultural, economic disadvantage or history of inconsistent education program; and a statement ruling out vision, hearing or motor impairment, mental impairment or emotional or behavioral disorders as the primary cause of the disability.
*NOTE: The district may request to have a county representative attend meetings when it is necessary to facilitate coordination between district and county provided services. Upon request from a school district, the resident county shall provide a representative to assist the team in determining the child’s eligibility for existing health, mental health, or other support services administered by the county.
Order for Filing Due Process Forms
Attach the forms for the Evaluation Report in the following sequence and place in the learner file in your school district office:
• Intervention Documentation
• Request for Assistance form
• Notice of a Team Meeting (for evaluation determination meeting)
• Notice of Educational Evaluation/Reevaluation
• Notice of a Team Meeting (for placement/IEP meeting)
• Evaluation Report-including psychological and classroom observation report.
• Notice of a Team Meeting (for IEP meeting)
• IEP with Notice of Proposed Special Education Services attached
• IEP Periodic Review
Send the MARSS secretary notice of the student’s placement in special education by completing the Special Education Status Form. This form is found on SpEd Web after the Notice of Proposed Special Education Services form.
3.2.12 Other Evaluations
When the evaluation team determines that additional outside evaluation is necessary to determine a pupil’s eligibility for special education, or when the IEP team determines additional data is required to clarify the learner’s special education needs, the following procedure shall be followed:
1. The team will make a written request using the Request for Outside Consultation form to the director of special education describing the need and rational for additional evaluation, and what specific questions are to be answered by the evaluation; and
2. The director will review the request, along with other pertinent data, and:
• Approve the request and instruct the team to make arrangements for the evaluation;
• Request the team to supply additional data prior to making a decision; or
• Deny the request, providing rational for the denial.
The Request for Outside Consultation form will be returned to the case manager. After contacting the approved consultant to arrange a convenient time, a copy of the form, along with a copy of the current IEP and/or Evaluation Report, and any additional information should be sent to the consultant.
Requests for outside evaluations of pupils ages birth through six who are not yet enrolled in the K-12 curriculum will be referred to the appropriate Interagency Early Intervention Committee (IEIC).
3.2.13 Miscellaneous Evaluation Provisions
Out of District Evaluation
The team shall give due consideration to evaluation results provided by outside sources but need not implement recommendations unless agreed to by the team. (M.R. 3525.2550 Subp. 2B)
NOTE: Norm-referenced evaluations and outside evaluation data may be considered "current" if they were conducted within 12 calendar months prior to the eligibility determination meeting.
Evaluation of Nonpublic Students
In the evaluation of a student who attends a nonpublic school and who is referred for special education services, the district may assess the student at the nonpublic school, including observing the student in the classroom as part of the formal evaluation.
3.3 Procedures for Determining Eligibility and Placement
A child with a disability means a child having mental retardation, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities and who, by reason of the disability needs special education and related services. A child that has one of the disabilities listed but who only needs a related service and not special education is not considered a child with a disability. In addition every child under age three, and by policy of the BRIC district's, from age three to age seven, who needs special instruction and services because the child has a substantial delay or has an identifiable physical or mental condition know to hinder normal development is a child with a disability.
Click to view Disability Criteria 3.7 Team Override On Eligibility Decisions
If the team determines that a pupil is eligible for special instruction and related services because the pupil has a disability and needs special instruction even though the pupil does not meet the specific requirement in parts 3525.1325 to 3525.1345 and 3525.2335. The team must include the documentation in the pupil's special education record in items listed in items A, B, C, and D.
A. The pupil's record must contain documents that explain why the standards and procedures used with the majority of pupils, resulted in invalid findings for this pupil.
B. The record must indicate what objective data were used to conclude that the pupil has a disability and is in need of specialized instruction. These data may include, for example, test scores, work products, self-reports, teacher comments, medical data, previous testing, observational data, ecological evaluations, and other developmental data.
C. Since the eligibility decision is based on a synthesis of multiple data and not all data are equally valid, the team must indicate which data had the greatest relative importance for the eligibility decision.
D. The team override decision must be signed by the team members agreeing to the override decision. For those team members who disagree with the override decision, a statement of why they disagree and their signature must be included.
Record of Team Overrides
The director of special education no long is required to keep a log of team overrides granted. The case manager however should make the director or one of the assistant directors aware whenever an override is determined.
3.8 Exit Procedures
The district shall evaluate a student with a disability before determining that the student is no longer a student with a disability. Because evaluation does not necessarily mean formal evaluation, the team must review existing data and determine what additional data is needed, if any, to make an informed decision. The team shall consider discontinuing special education instruction and services after:
1. reviewing existing evaluation data on the student, including evaluations and information provided by the parents of the student, current classroom-based evaluations and observations, and teacher and related services providers observation and
2. on the basis of that review, and input from the student's parents, identify what additional data, if any are needed to determine:
? whether the student continues to have a disability;
? the present levels of performance and educational needs of the student;
? whether the student continues to need special education and related services; and
? whether the child is able to participate, as appropriate in the general curriculum.
This evaluation is not required before the termination of a student's eligibility due to graduation with a regular high school diploma or through exceeding the age eligibility for FAPE under State Law.
Exit Summary
For any pupil discontinuing special education and services, the IEP manager must attach/include an exit summary to the Evaluation Report which specifies what data was used to make the determination that the student no longer qualifies for special education services.
Graduating Student's on IEP's
Student's on IEP's who are graduating from high school are transitioning to another environment and are not exiting from special education (i.e. they are still an individual with a disability). Therefore, they are not dismissed from special education but are transitioning to another setting based on their transition goals and objectives. A student's right to FAPE is terminated upon graduation with a regular high school diploma. An evaluation is not be needed for this transition to occur.
This change of placement requires prior written notice to the parent or to the student, if age 18. This notice can be in the form of a letter stating the student has met requirements for graduation.
Reinstatement of Special Education Services
Pupils who are discontinued from all special education services may be reinstated within 12 months of dismissal. If data on the student’s present levels of performance are available and an evaluation had been conducted within three years, the district is not required to document two pre-referral interventions or conduct a new evaluation.