IEP Evaluation Process in Wisconsin

How long does Wisconsin have to complete an IEP evaluation?

Wisconsin evaluation procedures are governed by Wis. Stat. § 115.782 and Wis. Admin. Code PI 11.04. Before providing special education services, the IEP team must evaluate the child using a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information from parents and other sources. Assessments must be technically sound instruments measuring cognitive, behavioral, physical, and developmental factors, and must be non-discriminatory, appropriately normed, and administered by trained personnel in the child's native language. No single assessment tool may be the sole basis for eligibility. The evaluation team reviews existing data, classroom-based assessments, teacher and parent input, observations, and intervention records before determining what additional data is needed. Wisconsin has a two-stage timeline: (1) 60 calendar days from parental consent to determine whether the child has a disability (Wis. Stat. § 115.78(3); Wis. Admin. Code PI 11.04(2)), then (2) 30 days to hold the IEP meeting and determine placement — for a total of 90 days from consent. For out-of-state transfers, evaluation and IEP must be completed within 60 days of enrollment (Wis. Admin. Code PI 11.07).

What Wisconsin Requires

Evaluations must use multiple assessment tools and strategies; no single test or procedure may be the sole basis for eligibility (Wis. Stat. § 115.782; 34 CFR 300.304).

Assessments must be technically sound, non-discriminatory, administered in the child's native language, and must cover all suspected areas of disability (Wis. Stat. § 115.782; Wis. Admin. Code PI 11.04).

The team must review existing data before determining what additional assessments are needed, and may determine that no additional data is required (Wis. Stat. § 115.782; 34 CFR 300.305).

Parents may request an IEE at public expense if they disagree with the district's evaluation; the district must either provide the IEE or file for due process to defend its evaluation (Wis. Stat. § 115.792; 34 CFR 300.502).

Reevaluation must be conducted before terminating eligibility (except graduation or aging out) and at least every three years (Wis. Stat. § 115.782).

Written parental consent is required before the initial evaluation and before each reevaluation (Wis. Stat. § 115.792).

Key Timelines

60 calendar days from parental consent: IEP team must determine whether the child has a disability (Wis. Stat. § 115.78(3); Wis. Admin. Code PI 11.04(2)).

30 days after disability determination: IEP meeting and placement determination must occur (Wis. Stat. § 115.78(3)).

60 days from enrollment: out-of-state transfer students must have evaluation and IEP completed (Wis. Admin. Code PI 11.07).

Triennial reevaluation: at least every three years, or sooner if requested or conditions warrant (Wis. Stat. § 115.782; 34 CFR 300.303).

No more than one reevaluation per year unless both parent and district agree to more frequent reevaluation (34 CFR 300.303(b)).

Sources

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