IEP Evaluation Process in Pennsylvania

How long does Pennsylvania have to complete an IEP evaluation?

Pennsylvania's evaluation and reevaluation procedures are governed by 22 Pa. Code §§14.123 and 14.124, with timelines that are more specific than federal IDEA requirements. When a parent or school district suspects a child may have a disability, the district must provide the parent with a Permission to Evaluate (PTE) form. If a parent makes an oral request for evaluation to any professional employee or administrator, that individual must provide the PTE form within 10 calendar days (22 Pa. Code §14.123(c)). The initial evaluation must be completed and the Evaluation Report (ER) presented to parents no later than 60 calendar days after the agency receives written parental consent. Calendar days from the day after the last day of the spring school term through the day before the first day of the fall school term are excluded from this count (22 Pa. Code §14.123(b)). The evaluation must use a variety of assessment tools and strategies, and no single measure may be used as the sole criterion for determining eligibility (34 CFR §300.304). For evaluations involving autism, emotional disturbance, intellectual disability, multiple disabilities, other health impairments, specific learning disability, or traumatic brain injury, a certified school psychologist must be part of the evaluation team (22 Pa. Code §14.123(a)). The ER must be provided to parents at least 10 school days prior to the IEP team meeting, unless the parent waives this requirement in writing (22 Pa. Code §14.123(d)). Reevaluation is governed by 22 Pa. Code §14.124 and must occur at least every three years (triennial) for most disability categories, or every two years for students with intellectual disability — a stricter standard than the federal minimum. The reevaluation follows the same 60-calendar-day timeline with the same summer exclusion. A reevaluation may be initiated when the school district determines that the student's educational or related service needs warrant it, or upon parent or teacher request; however, a reevaluation may not occur more than once per year unless the parent and LEA agree otherwise (34 CFR §300.303). Parents may waive the triennial reevaluation, but the waiver must be voluntary and informed. The Reevaluation Report (RR) must also be provided to parents at least 10 school days before the IEP team meeting unless waived. If the evaluation determines the child is not eligible for special education, the district must issue a NOREP documenting the refusal to identify the child (34 CFR §300.503).