What should the timeline be after an evaluation?

[Alicia]

We switched to a Pennsylvania Public Cyber school the following school year after covid and they got the ball rolling asap with the eval. Our local school district dropped the ball big time and after paying several hundred dollars to get my daughter evaluated at Sylvan Learning Center and found out she was more than two years behind academically. Fast forward to May of 2024 and I had some concerns again. The eval seemed rushed (according to the evaluators) to be completed. I just spoke with the school psychologist today after several attempts to find out the results. I have never had this much trouble with the school over getting answers.  The eval was completed July 3rd. I'm being told the school is allowed to freeze the iep process over the summer because school is not in session. I'm just wondering if we are still in compliance with the timeline. The school psychologist did go over all the results with me but said it can't be sent home until September 26th. Although I'm grateful for the results but seems crazy I can't have the actual report yet or even have a date for the IEP meeting yet. When trying to find the answer on the PA Dept. Of Ed website, I got conflicting timelines. Any help is appreciated! 

[Lisa Lightner]

So first of all, as you're learning, you have to pick your battles. Seeing as Sept 26 is tomorrow....not sure this is one I'd choose to fight right now. However, there are some red flags.

Yes, summers are exempt, the exact wording from the code is: In addition to the requirements incorporated by reference in 34 CFR 300.301 (relating to initial evaluations), the initial evaluation shall be completed and a copy of the evaluation report presented to the parents no later than 60-calendar days after the agency receives written parental consent for evaluation, except that the calendar days from the day after the last day of the spring school term up to and including the day before the first day of the subsequent fall school term will not be counted.

 

A couple of clarifications that may help in practice:

• This applies to initial evaluations. Reevaluations have a different timeline (within 60 calendar days of receiving parental consent, but no later than every 3 years, 2 years for students with intellectual disabilities).

• The pause only applies if the 60-day window runs into summer. If you gave consent back in, say, February, the school can’t use summer to stretch their deadline, the report should have been finished before the end of the school year.

• The IEP meeting timeline is separate. Once the report is issued, the team still has 30 calendar days to meet and develop the IEP, regardless of summer break.

If the psychologist has already reviewed the results with you, there’s really no reason you can’t have a copy of the written report now. You’re entitled to it—period. Delaying until late September doesn’t line up with the law. (but again, if they said you're getting it tomorrow....I'd just keep that documentation in case I need it later)

What I’d suggest:

1. Put your request in writing. Email the school and say you are formally requesting a copy of the evaluation report that was completed July 3rd.

2. Reference the law. You can mention that under IDEA and PA Chapter 14, the district has 60 calendar days to complete the evaluation after consent and must provide parents with the report.

3. Request an IEP meeting date. Ask them to schedule it within 30 days of when you receive the report.

You’re not being unreasonable, this is about your child’s right to timely services which is why timelines were put in place.

I"d also read up on IEEs, because it sounds like that might be the path you're headed down next.

https://adayinourshoes.com/iee-independent-education-evaluation/