A Guide to the Special Education Evaluation Timeline in Oregon

In Oregon, the timeline for educational evaluations at school is guided by both federal and state regulations. Here is a general timeline for the evaluation process from the initial referral to the completion of the evaluation and the development of an Individualized Education Program (IEP), if applicable

Initial Referral

Referral Request:

• Who Can Make a Referral? 

A referral for an evaluation can be made by a parent, teacher, or other school personnel if there are concerns about a student’s academic or behavioral performance.

• Response to Referral: 

Once a referral is made, the school must respond promptly.

Consent and Evaluation

Parental Consent:

• Timeline: According to the Oregon Administrative Rules (OAR), there Isn't a specified number of days within which a school district must respond to a parent's request for an Initial evaluation. The regulations emphasize that the district should respond promptly with written notice and schedule an Evaluation Planning meeting to obtain informed written consent to conduct the evaluation. If you have made a request and have not heard back In a reasonable time (often Interpreted as around 10 school days), It may be helpful to follow up again In writing.

• Parental Decision: Parents have the right to accept or decline the evaluation.

Evaluation Process:

• Timeline: Once parental consent is obtained, the school has 60 calendar days to complete the evaluation.

• Evaluation Components: The evaluation must be comprehensive and assess all areas of suspected disability, which may include cognitive, academic, behavioral, and physical assessments.

  • KEY TIP: When requesting an evaluation for your child, be specific about the areas you want assessed and the potential eligibility outcomes. For example, instead of just stating that you want an assessment because your child has ADHD, clarify your concerns by saying, "I would like my child evaluated for executive functioning and learning difficulties, as he is struggling with math, which we believe is related to his ADHD. What types of support or accommodations might he be eligible for after this assessment?" This approach helps ensure that the school understands your concerns and can guide you appropriately.

Eligibility Determination

Eligibility Meeting:

• Timeline: Within 30 calendar days of completing the evaluation, the school must hold an eligibility meeting to review the results and determine if the student qualifies for special education services under IDEA.

• Team Members: The eligibility team typically includes the parents, teachers, a school psychologist, and other relevant professionals (speech therapist, physical therapist, etc.)

• Attendance: All individuals who conducted the assessment should attend the meeting to discuss their findings. If someone is unable to be present, they should request to be excused and share their findings with you before the meeting. If you prefer to have everyone present, you will need to schedule an alternative date when all participants can attend.

• Agreement: Everyone on the child’s team needs to agree that the child is eligible for specially designed instruction before an IEP is developed. 

Developing the IEP

IEP Meeting:

• Timeline: If the student is found eligible for special education services, an IEP must be developed within 30 calendar days of the eligibility determination.

• IEP Team: The IEP team includes the parents, special education teachers, general education teachers, a school administrator, and any other individuals with knowledge or expertise regarding the student. If a student qualifies to receive specific services, those providers should attend the IEP meeting. 

• Excusal:  If someone from the school team is unable to attend, the parents need to sign off on it. If they are not OK with the person missing the meeting, they can reschedule, or meet with the individual prior to the IEP meeting. 

• IEP Components: The IEP will outline the student’s present levels of performance, measurable annual goals, special education and related services, accommodations, and how progress will be measured.

Review and Reevaluation

Annual Review:

• Timeline: The IEP must be reviewed at least once a year to assess the student’s progress and make necessary adjustments.

• Amendment: An IEP can be amended throughout the year as needed. This meeting can be requested by parents or someone from the school team. This could be if another service is going to be added, different goals need to be worked on, or accommodations need to be added. 

Triennial Reevaluation:

• Timeline: Every three years, a reevaluation must be conducted to determine if the student continues to qualify for special education services and if their needs have changed.

Summary of Timelines

• Referral to Parental Consent: Promptly

• Consent to Completion of Evaluation: Within 60 calendar days.

• Eligibility to IEP Development: Within 30 calendar days.

Important Considerations

• Written Notice and Consent: Ensure all communications and consents are documented in writing.

• Parental Involvement: Parents should be actively involved throughout the process and have the right to request meetings or evaluations at any time. Parents must give written consent before the initial IEP is implemented. This consent is required for the school to provide special education services.

• Extensions and Delays: Any extensions or delays should be agreed upon in writing by both the school and the parents, and typically only occur under exceptional circumstances.

By understanding these timelines and actively participating in the process, parents can better advocate for their child’s educational needs and ensure timely and appropriate support from the school.

To learn more about Oregon's Special Education Timeline, CLICK HERE.

Are you concerned that your child's timeline isn't being met appropriately? Need help figuring out where you stand in the process? Contact Alexa's ABCs for a free consultation to learn more.