Fact Sheet: Special Education Evaluation

Introduction

School districts must identify children who may have disabilities and evaluate them for special education eligibility. This guide gives information for parents on special education referrals, the steps of an evaluation, and options if a student is found “not eligible” for an Individualized Education Program (IEP). 

This resource material a self-advocacy guide for people with disabilities and their families, not legal advice. For specific legal advice, please contact an attorney. 

Referrals

Under the Individuals with Disabilities Education Act (IDEA), schools have an obligation called “Child Find,” which requires school districts to identify and evaluate children with disabilities who may need special education and related services.  

The process begins with a referral to the child’s Local Education Agency (LEA), which is the student’s school district of residence or the charter school they go to. Referrals must be in writing and can be submitted by email or letter. The referral must include the child's name and the reasons why the person believes the child has a disability. 

The Referral for Special Education form that your district might use is available on the Department of Public Instruction’s website.

Any person, including a parent, may refer the child for an initial special education evaluation. Some people must make these referrals:  

• licensed teacher employed by the Local Education Agency 

• physician 

• nurse 

• psychologist 

• social worker 

• administrator of a social agency 

When the Local Education Agency gets a written referral for an initial special education evaluation, the Local Education Agency must appoint an Individualized Education Program team, which includes the student's parents, to plan the special education evaluation.  

Learn more about referrals on the Department of Public Instruction's website.  

Evaluations

A special education evaluation helps the Local Education Agency and parents determine if a student has a disability as defined under the Individuals with Disabilities Education Act and identify any disability-related educational needs they may have. The special education evaluation and team can't give the child a medical diagnosis. An Individualized Education Program team may determine that the student is a student with a disability if the student meets criteria for at least one of the 12 disability categories outlined in the Individuals with Disabilities Education Act. 

For a student to qualify for special education and services under an Individualized Education Program, the following must be true:

1. The student meets the criteria for one or more of the disability categories; and 

   Because of the student’s disability, the student needs specially designed instruction. 

Note:  Not every student with a disability needs specially designed instruction. 

Learn more about the basics of special education evaluations on the Department of Public Instruction's (DPI's) website.  

A. Timeline 

The evaluation timeline has two major parts: 

1. After a Local Education Agency gets a referral, the Local Education Agency must appoint an Individualized Education Program team, including the parents. The team's first task is to review existing data and either ask for parental consent for more assessments or send notice that no more data is needed. The team must finish these steps within 15 business days. 

2. In most cases, the Individualized Education Program team must do an initial comprehensive educational evaluation and make an eligibility determination within 60 calendar days of getting a parent or guardian’s consent. The evaluation and follow-up Individualized Education Program team meeting to review the evaluation results must happen within the 60 days. 

Learn more about timelines in the Department of Public Instruction's Information Update Bulletins.  

B. Review of Existing Data 

To properly evaluate a student according to the Individuals with Disabilities Education Act, the Individualized Education Program team must review the information they already have and determine what other information they still need. The team reviews existing data determine whether they need any more data to do a full, comprehensive evaluation of the student. This may include any previous evaluations completed, information the parents gave, any attempted interventions, and observations by the child’s teachers and related service providers.  

The Department of Public Instruction gives: 

• a review of existing data form for the team to use

• guidance on filling out the form  

If the Individualized Education Program team decides that they don't need any more data to determine eligibility and identify the student’s educational needs, the team will tell the parent. If the Individualized Education Program team decides they need more assessments, the Local Education Agency must tell the parent about the proposed assessments and get written consent before going forward. 

Learn more about the review of existing data on the Department of Public Instruction's website. 

C. Evaluation Forms and Disability Categories 

The Department of Public Instruction gives forms for the Individualized Education Program team to use when meeting to evaluate a student for an Individualized Education Program. Each form also has guidance on completing the form. 

The team will use a central form called the “ER-1,” along with the ER-1 guidance, to document the process and discussions. 

• ER-1 Form, “Evaluation Report Including: Determination of Disability Category and Need for Specially Designed Instruction”  

• ER-1 Guidance, on Page 38 of “Wisconsin Department of Public Instruction: Guide to Special Education Forms”

The Department of Public Instruction also gives a form and guidance for each of the twelve disability categories listed below. A student may be evaluated in more than one category and may qualify under more than one category. However, only one category is necessary to qualify for an Individualized Education Program, as long as the student’s disability also requires special education services.

Learn more about Wisconsin’s Special Education Disability Categories on the Department of Public Instruction's website. 

You can find the forms and guidance for each category below:

Autism 

• Autism Disability Categories Page 

• Autism Criteria Form  

• Autism Form Guidance, Page 49

Blind and Visually Impaired

• Blind and Visually Impaired Disability Categories Page  

• Blind and Visually Impaired Criteria Form 

• Blind and Visually Impaired Form Guidance, Page 53

 Deaf and Hard of Hearing 

• Deaf and Hard of Hearing Disability Categories Page

• Deaf and Hard of Hearing Criteria Form

• Deaf and Hard of Hearing Form Guidance, Page 57

Deafblind 

• Deafblind Disability Categories Page  

• Deafblind Criteria Form  

• Deafblind Form Guidance, Page 61  

Emotional Behavioral Disability 

• Emotional Behavioral Disability Categories Page  

• Emotional Behavioral Disability Criteria Form

• Emotional Behavioral Disability Form Guidance, Page 66  

Intellectual Disability 

• Intellectual Disability Categories Page  

• Intellectual Disability Criteria Form

• Intellectual Disability Form Guidance, Page 72

Orthopedic Impairment 

• Orthopedic Impairment Disability Categories Page  

• Orthopedic Impairment Criteria Form  

• Orthopedic Impairment Form Guidance, Page 79  

Other Health Impairment 

• Other Health Impairment Disability Categories Page

• Other Health Impairment Criteria Form

• Other Health Impairment Form Guidance, Page 76  

Significant Developmental Delay 

• Significant Developmental Delay Disability Categories Page  

• Significant Developmental Delay Criteria Form  

• Significant Developmental Delay Form Guidance, Page 82

Specific Learning Disability 

• Specific Learning Disability Categories Page  

• Specific Learning Disability Initial Evaluation Form

• Specific Learning Disability Form Guidance, Page 98  

Note:  The Specific Learning Disability evaluation is more complex than the other disability categories.  The process involves documenting the results of interventions, which are done before the timeline begins on the evaluation itself. 

Speech or Language Impairment 

• Speech or Language Impairment Disability Categories Page  

• Speech or Language Impairment Criteria Form  

• Speech or Language Impairment Form Guidance, Page 87

 Traumatic Brain Injury 

• Traumatic Brain Injury Disability Categories Page  

• Traumatic Brain Injury Criteria Form  

• Traumatic Brain Injury Form Guidance, Page 95  

If the Team Decides the Student is “Not Eligible" 

A student can be found not eligible for special education for reasons related to the disability criteria or because the team determines the child does not need specialized instruction. 

As a parent, you have several options if your student is found not eligible, but you believe your child still needs more supports, which are outlined below. 

A. Section 504 Plan 

A student who is not eligible for an Individualized Education Program may be eligible for a written “504 plan” under Section 504 of the Rehabilitation Act of 1973. Section 504 protects students with disabilities from discrimination. Specifically, Section 504 protects students with “a physical or mental impairment which substantially limits one or more major life activities.”  Life activities can include learning, concentrating, thinking, and communicating, as well as activities such as walking or eating.  

A 504 plan is written and implemented to give the student necessary reasonable accommodations so that the student gets the same access to education as their non-disabled peers. Some examples of accommodations include: 

• extra time on tests 

• seating near the front of the class 

• reminders 

• check-ins 

• extra breaks 

You can also ask for a 504 plan later. 

Learn more about Section 504 on Understood.org. 

B. Independent Educational Evaluation (IEE) 

An Independent Educational Evaluation is an evaluation by a private provider who is not an employee of the child’s Local Education Agency.  

Parents of a student with a disability get a free Independent Educational Evaluation when they disagree with the school’s evaluation of their child. If you are considering asking for an Independent Educational Evaluation, you can tell the Local Education Agency that you disagree with their evaluation results. 

A Local Education Agency can say no to paying for an Independent Educational Evaluation and instead defend their evaluation results. To defend their evaluation, the Local Education Agency must ask for a due process hearing. If this happens, you may want to talk with an attorney or special education advocate, as due process hearings are complex and may be difficult to manage on your own.

An Independent Educational Evaluation that the Local Education Agency pays for must meet the same criteria they use when they do their own evaluation. You can ask the school district for a copy of the criteria.

If the results of the Independent Educational Evaluation show that the student qualifies for an Individualized Education Program, the district must meet to re-examine their evaluation and consider the results of the independent evaluation. The team doesn't have to agree with or follow the evaluation results. 

Learn more about Independent Educational Evaluations on the Department of Public Instruction's website.  

C. Reevaluation 

If your student was found ineligible for an Individualized Education Program but is still struggling in school a year after the first determination, you can ask for a reevaluation. It may be possible to get a reevaluation sooner than one year, but the district must agree to this and usually will choose not to reevaluate before a year unless there is meaningful new information. Evaluating the child multiple times in a year may also give the child evaluation fatigue, which could lead to less reliable results. 

If your child is determined eligible for an Individualized Education Program under the Individuals with Disabilities Education Act, the district must reevaluate them at least once every three years, unless you and the district agree that reevaluation is unnecessary, or circumstances for your child change such that a reevaluation should be done sooner than three years.

Learn more about reevaluations on the Department of Public Instruction's website.   

More Resources 

Individualized Education Program Information 

• Individualized Education Program Mini-Modules  

  These 30-to-40-minute modules, videos, and materials by the Wisconsin Family Assistance Center for Education, Training, and Support (WI FACETS) break down what you need to know about the Individualized Education Program process.  

  • Module 1 covers basic information about special education, including laws and important definitions.

  • Module 2 covers the special education referral process. 

  • Module 3 covers evaluations and eligibility in the Individualized Education Program process. 

  • Module 4 covers reevaluation and Independent Educational Evaluations. 

• Special Education in Plain Language 

  Special Education in Plain Language is a user-friendly handbook on special education laws, policies, and practices in Wisconsin. The handbook for parents, school professionals, and others interested in learning more about special education procedures.

• Information about the Individualized Education Program begins on page 16.  

Evaluations 

• Information Update Bulletin 21.01: Special Education Evaluation 

  This information bulletin from the Wisconsin Department of Public Instruction gives information on the Special Education Evaluation process and its provisions, district obligations related to doing evaluations, and information about the reevaluation process.

• Comprehensive Special Education Evaluation 
  This page is a Wisconsin Department of Public Instruction resource on Comprehensive Special Education Evaluations, including why it matters, informative videos, and legal citations. 

• Information Update Bulletin 99.02:  Independent Educational Evaluations (IEEs)

  This information bulletin from the Wisconsin Department of Public Instruction gives information on Independent Educational Evaluations (IEEs), including what they are, how to start one, how they are paid for, what can be agreed on beforehand, and what the results may look like. 

Eligibility 

• Disability Category Criteria Forms and Guides
  This Wisconsin Department of Public Instruction resource has disability category criteria forms and worksheets for each of the 12 disability categories under the Individuals with Disabilities Education Act. School districts use disability criteria forms to evaluate whether a student should be in one or more of the defined disability categories and to determine whether they need specially designed instruction.  Forms and worksheets are available in English, Spanish, and Hmong. 

• Eligibility: Determining Whether a Child is Eligible for Special 

• Education Services

  This resource by the Learning Disabilities Association of America discusses what districts must consider while determining eligibility; more procedures when evaluating and determining whether the child has a specific learning disability; what must be present for a child to be eligible for special education and related services; and special education definitions.