IEP Evaluation Process in Montana
How long does Montana have to complete an IEP evaluation?
Montana's evaluation procedures are governed primarily by ARM 10.16.3320 (Request for Initial Evaluation) and ARM 10.16.3321 (Comprehensive Educational Evaluation Process and Reevaluations). Either a parent or the LEA may initiate a request for initial evaluation; the request must state reasons for suspecting a disability adversely affecting educational performance (ARM 10.16.3320). The LEA must obtain written parental consent before conducting any evaluation (ARM 10.16.3320; ARM 10.16.3505). Evaluations must be completed within 60 calendar days of receipt of parental consent, following the federal standard at 34 CFR 300.301(c). Evaluations must comply with 34 CFR 300.301 through 300.311 and the disability-specific criteria in ARM 10.16.3010 through 10.16.3022. The evaluation report must include: statements of implications for educational planning understandable to all team members; documentation explaining why the student needs special education; and identification of the disability category or categories. Montana prescribes specific evaluation team composition requirements by disability type (ARM 10.16.3321): a school psychologist must be included for emotional disturbance, traumatic brain injury, SLD, and cognitive delay; a speech-language pathologist for speech-language impairment, deaf-blindness, and TBI; both for autism. Parents have the right to an Independent Educational Evaluation (IEE) at public expense if they disagree with the school's evaluation (34 CFR 300.502; formerly ARM 10.16.1102, now repealed and governed by federal rule). Reevaluations must occur at least every three years unless the parent and LEA agree it is unnecessary.
What Montana Requires
Either the parent or LEA may request an initial evaluation; written parental consent must be obtained before any comprehensive educational evaluation is conducted (ARM 10.16.3320; ARM 10.16.3505).
Initial evaluation must be completed within 60 calendar days of receipt of parental consent (ARM 10.16.3321; 34 CFR 300.301(c)).
Evaluation reports must include statements of implications for educational planning and documentation explaining why the student needs special education (ARM 10.16.3321).
Specific professional team members are required by disability: school psychologist for ED, TBI, SLD, and cognitive delay; SLP for speech-language, deaf-blindness, and TBI; both for autism (ARM 10.16.3321).
Parents have the right to an IEE at public expense if they disagree with the LEA's evaluation; the LEA must respond without unnecessary delay (34 CFR 300.502).
Reevaluations must occur at least every three years (or more frequently if conditions warrant or parent/school requests) (ARM 10.16.3321; 34 CFR 300.303).
Key Timelines
Initial evaluation must be completed within 60 calendar days of receipt of parental consent (ARM 10.16.3321; 34 CFR 300.301(c)).
Reevaluation must occur at least every three years (triennial) unless parent and LEA agree it is unnecessary (34 CFR 300.303(b)(2)).
If the LEA refuses to evaluate, it must provide written notice explaining the refusal to the parent (ARM 10.16.3320; 34 CFR 300.300(a)(3)).