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When re-evaluating for non-eligibility, how recent do the evaluation results referenced need to be?

Updated: Jun 1, 2021

There is no specific time-frame for evaluation results mandated. Typically, the newer, the better. If you feel that the testing that was originally used is good, you feel that the results were interpreted incorrectly, or inappropriately, there’s no reason not to use the original ones. That said, if the child was found ineligible with that testing, it would make sense that you would need a professional to come to the meeting and explain why the team got it wrong. That still doesn’t assure you a finding of eligibility. Additionally, if you are going to a hearing, there is only a 2 year look back window. So, any testing done earlier than 2 years from the date of the filing will not be used. Another timeline that may be pertinent is that a parent has 30 days to reject the finding of ineligibility in writing. If a parent does not meet this, then the finding is “accepted” and new evaluations must be done because the process starts over. The only way to not have the process start over if you miss that deadline is to request an independent evaluation, in which case you have 16 months to request the school to pay for independent evaluations and re-open the original evaluation request.


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