Section 226.110  Evaluation Procedures

Procedures for requesting and conducting initial evaluations of children who are suspected of requiring special education and related services shall conform to the requirements of 34 CFR 300.301, 300.304, 300.305, 300.306 and 300.309.  For purposes of this Section, the "date of referral" shall be understood to be the date of written parental consent for an evaluation, and screening procedures done in accordance with 34 CFR 300.302 shall not be considered an evaluation.  Written consent for the initial evaluation shall be obtained in conformance with the requirements of 34 CFR 300.300.  In addition, the following requirements shall apply.

a)         Procedures for Requesting an Initial Evaluation

Each school district shall develop and make known to all concerned persons procedures by which an evaluation may be requested.  These procedures shall:

1)         Designate the steps to be taken in making a request for an evaluation;

2)         Designate the persons to whom a request may be made;

3)         Identify the information that must be provided;

4)         Provide any assistance that may be necessary to enable persons making requests to meet any related requirements established by the district; and

5)         Identify the process for providing the parents with notice of their rights with respect to procedural safeguards.

b)         A request may be made by a parent of a child or by an employee of a State educational agency, another State agency, a local educational agency, or a community service agency.

c)         District's Response to Request

1)         The school district shall be responsible for processing the request, deciding what action should be taken, and initiating the necessary procedures.

2)         To determine whether the child requires an evaluation, the district may utilize screening data and conduct preliminary procedures, such as observation of the child, assessment for instructional purposes, consultation with the teacher or other individual making the request, and a conference with the child.

3)         Within 14 school days after receiving a request for an evaluation, the district shall determine whether an evaluation is warranted.  If the district determines not to conduct an evaluation, it shall provide written notice to the parents in accordance with 34 CFR 300.503(b).  If an evaluation is to be conducted:

A)        The district shall convene a team of individuals (including the parent) having the knowledge and skills necessary to administer and interpret evaluation data.  The composition of the team will vary depending upon the nature of the child's symptoms and other relevant factors.

B)        The team shall identify the assessments necessary to complete the evaluation in accordance with 34 CFR 300.305 and shall prepare a written notification for the parents as required under 34 CFR 300.304(a).  For each domain, the notification shall either describe the needed assessments or explain why none are needed.

C)        The district shall ensure that the notification of the team's conclusions is transmitted to the parents within the 14-school-day timeline applicable under this subsection (c)(3), along with the district's request for the parents' consent to conduct the needed assessments.

d)         Upon completion of the assessments identified pursuant to subsection (c)(3), but no later than 60 school days following the date the parent signs the written consent to perform the needed assessments, the determination of eligibility shall be made and the IEP meeting shall be completed. If fewer than 60 school days remain in a school year after the date of parental consent, the eligibility determination shall be made and the IEP meeting shall be completed prior to the first day of the following school year.  (Section 14-8.02(b) of the School Code)

e)         At the conclusion of the meeting convened pursuant to subsection (d), the team shall prepare a report describing its consideration of pre-existing information about the child, all new evaluation reports obtained, and any other information relevant to the decision about the child's eligibility.  This description shall relate the information considered to the child's needs and shall further conform to the requirements of Section 226.130 if applicable.  The IEP Team's report shall also include:

1)         the date of the meeting;

2)         the signatures of the participants, indicating their presence at the meeting; and

3)         any separate written statement provided by a participant who wishes to be on record as disagreeing with the conclusions expressed in the team's report.

f)         The school district shall provide a copy of the IEP Team's report to the parent at the conclusion of the team's meeting.  In addition, the district shall provide to the parent written notice conforming to the requirements of Section 226.520 as to the eligibility determination reached with respect to the child.  The parent shall also be entitled to receive copies of any evaluation reports upon request.

g)         A copy of the IEP Team's report, together with all documentation upon which it is based, shall become a part of the child's temporary student record.

h)         If an assessment is conducted under nonstandard conditions, a description of the extent to which the assessment varied from standard conditions shall be included in the evaluation report.  This information is needed so that the team of evaluators can assess the effects of these variances on the validity and reliability of the information reported and determine whether additional assessments are needed.  For example, the use of a translator when a qualified bilingual specialist is not available may create nonstandard conditions.

i)          If any needed portion of the evaluation cannot be completed due to lack of parental involvement, religious convictions of the family, or inability of the child to participate in an evaluative procedure, the district shall note the missing portions in the child's evaluation report and state the reasons why those portions could not be completed.

j)          In the event that the student is determined to be eligible for special education and related services pursuant to the procedures described in subsections (d) and (e), the IEP meeting shall be conducted within 30 days after the date of that determination.

k)         If a district fails to conduct the evaluation, the parent of the child in question (or the student, if Section 226.690 applies) may appeal this failure in an impartial due process hearing or request consideration of this failure using the State complaint procedures set forth at Section 226.570.

(Source:  Amended at 40 Ill. Reg. 2220, effective January 13, 2016)