IEP Evaluation Process in Kansas

How long does Kansas have to complete an IEP evaluation?

Kansas evaluation procedures are governed by K.A.R. 91-40-11 through K.A.R. 91-40-13 and K.S.A. 72-3404. The school district must complete an initial evaluation within 60 calendar days of receiving written parental consent for evaluation — this is consistent with the federal baseline (K.A.R. 91-40-11(c); 34 CFR 300.301(c)). If a parent does not return a consent form, the timeline does not begin. The evaluation must be comprehensive, using multiple measures and sources including standardized assessments, observations, parent and teacher input, curriculum-based assessments, and review of existing data (K.A.R. 91-40-12(b)). No single procedure may be the sole criterion for eligibility (K.A.R. 91-40-12(b); 34 CFR 300.304(b)). Assessments must be administered by trained personnel in the child's native language and must be technically sound (K.A.R. 91-40-12; 34 CFR 300.304(c)). The evaluation team, called the Evaluation Team in Kansas, must include qualified professionals and the child's parents (K.A.R. 91-40-11; 34 CFR 300.306(a)). A written evaluation report documenting findings, eligibility determination, and educational implications must be provided to parents (K.A.R. 91-40-11(e)). Reevaluations must occur at least every three years unless parent and district agree it is unnecessary (K.A.R. 91-40-12(a); 34 CFR 300.303).

What Kansas Requires

Initial evaluation must be completed within 60 calendar days of receiving written parental consent for evaluation (K.A.R. 91-40-11(c); 34 CFR 300.301(c)).

Evaluation must use a variety of assessment tools and strategies; no single procedure may be the sole criterion for eligibility (K.A.R. 91-40-12(b); 34 CFR 300.304(b)(2)).

Assessments must be validated for the specific purpose used, administered by trained personnel, and provided in the child's native language or mode of communication (K.A.R. 91-40-12; 34 CFR 300.304(c)).

Parents must receive a written evaluation report documenting findings, the eligibility determination, and educational implications (K.A.R. 91-40-11(e)).

Reevaluations must occur at least every three years, but may not occur more than once per year without parent agreement (K.A.R. 91-40-12(a); 34 CFR 300.303).

Existing data review may allow reevaluation without additional testing if the team determines existing data is sufficient to determine eligibility and needs (K.A.R. 91-40-12(b); 34 CFR 300.305).

Key Timelines

60 calendar days from parental consent to complete initial evaluation (K.A.R. 91-40-11(c); 34 CFR 300.301(c)).

Reevaluation at least every three years (K.A.R. 91-40-12(a); 34 CFR 300.303(b)(2)).

Written evaluation report must be provided to parents before the eligibility meeting (K.A.R. 91-40-11(e)).

IEP must be developed within 30 days of an initial eligibility determination (K.A.R. 91-40-17(b); 34 CFR 300.323(c)).

Sources

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