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Special Ed 101
Evaluation request?
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<blockquote data-quote="Sheila" data-source="post: 55020" data-attributes="member: 23"><p>IDEA doesn't say 60 "school day" or 60 "business days," it says 60 days.</p><p></p><p>From thr horse's mouth @ <a href="https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf" target="_blank">https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf</a>:</p><p></p><p>Procedures for Initial Evaluation</p><p>(§ 300.301(c))</p><p>Comment: Numerous commenters</p><p>requested that the regulations clarify</p><p>when the 60-day timeframe for a public</p><p>agency to conduct an initial evaluation</p><p>begins. One commenter requested that</p><p>the 60-day timeframe include</p><p>completing both the evaluation and</p><p>eligibility determination.</p><p>Several commenters recommended</p><p>reducing the timeframe for evaluations</p><p>from 60 days to 30 days. Some</p><p>commenters recommended that the 60-</p><p>day timeframe be 60 school days. A few</p><p>commenters stated that the timeframe</p><p>for evaluation should be longer if</p><p>additional time is required for specific</p><p>assessments, such as behavioral</p><p>assessments or other assessments based</p><p>on scientific practices.</p><p>Discussion: It would be inconsistent</p><p>with the Act to reduce the timeframe</p><p>from 60 days to 30 days, require the 60-</p><p>day timeframe to be 60 school days,</p><p>extend the timeframe for particular</p><p>types of assessments, or require that the</p><p>60-day timeframe cover both the</p><p>evaluation and determination of</p><p>eligibility. Section 614(a)(1)(C)(i)(I) of</p><p>the Act requires an initial evaluation to</p><p>be conducted within 60 days of</p><p>receiving parental consent for the</p><p>evaluation or, if the State establishes a</p><p>timeframe within which the evaluation</p><p>must be conducted, within that</p><p>timeframe. The regulations in</p><p>§ 300.301(c) reflect this requirement.</p><p>Changes: None.</p><p></p><p>Also,</p><p></p><p>Discussion: Section 300.301(c),</p><p>consistent with section 614(a)(1)(C)(i)(I)</p><p>of the Act, requires an initial evaluation</p><p>to be completed within 60 days of</p><p>receiving parental consent for</p><p>evaluation or, if the State establishes a</p><p>timeframe within which the evaluation</p><p>must be conducted, within such</p><p>timeframe. The Department declines to</p><p>require that a State-established</p><p>timeframe be less than 60 days or to</p><p>place additional requirements on States</p><p>with timeframes of greater than 60 days</p><p>because the Act gives States the</p><p>authority to establish different</p><p>timeframes and imposes no restrictions</p><p>on State exercise of that authority. We</p><p>believe this is evidence of an intent to</p><p>permit States to make reasoned</p><p>determinations of the appropriate</p><p>period of time in which evaluations</p><p>should be conducted based on</p><p>particular State circumstances.</p><p>Changes: None.</p><p></p><p>There's more on this issue at the url provided. Due a search on "60-day."</p><p></p><p>Every State has law that parallels the Federal IDEA 2004. Check your State law. State law MUST adhere to the Federal regs except in areas where the Federal law is silent. Even with-that, it's my understanding the States may not circumvent or violate the spirit of the Federal law.</p></blockquote><p></p>
[QUOTE="Sheila, post: 55020, member: 23"] IDEA doesn't say 60 "school day" or 60 "business days," it says 60 days. From thr horse's mouth @ [url]https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf[/url]: Procedures for Initial Evaluation (§ 300.301(c)) Comment: Numerous commenters requested that the regulations clarify when the 60-day timeframe for a public agency to conduct an initial evaluation begins. One commenter requested that the 60-day timeframe include completing both the evaluation and eligibility determination. Several commenters recommended reducing the timeframe for evaluations from 60 days to 30 days. Some commenters recommended that the 60- day timeframe be 60 school days. A few commenters stated that the timeframe for evaluation should be longer if additional time is required for specific assessments, such as behavioral assessments or other assessments based on scientific practices. Discussion: It would be inconsistent with the Act to reduce the timeframe from 60 days to 30 days, require the 60- day timeframe to be 60 school days, extend the timeframe for particular types of assessments, or require that the 60-day timeframe cover both the evaluation and determination of eligibility. Section 614(a)(1)(C)(i)(I) of the Act requires an initial evaluation to be conducted within 60 days of receiving parental consent for the evaluation or, if the State establishes a timeframe within which the evaluation must be conducted, within that timeframe. The regulations in § 300.301(c) reflect this requirement. Changes: None. Also, Discussion: Section 300.301(c), consistent with section 614(a)(1)(C)(i)(I) of the Act, requires an initial evaluation to be completed within 60 days of receiving parental consent for evaluation or, if the State establishes a timeframe within which the evaluation must be conducted, within such timeframe. The Department declines to require that a State-established timeframe be less than 60 days or to place additional requirements on States with timeframes of greater than 60 days because the Act gives States the authority to establish different timeframes and imposes no restrictions on State exercise of that authority. We believe this is evidence of an intent to permit States to make reasoned determinations of the appropriate period of time in which evaluations should be conducted based on particular State circumstances. Changes: None. There's more on this issue at the url provided. Due a search on "60-day." Every State has law that parallels the Federal IDEA 2004. Check your State law. State law MUST adhere to the Federal regs except in areas where the Federal law is silent. Even with-that, it's my understanding the States may not circumvent or violate the spirit of the Federal law. [/QUOTE]
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