Assessment Plans

An Assessment Plan (AP) is a document that outlines the assessment tools and methods used to determine eligibility for special education services as well as present levels of performance, the types of measurements used to collect this information, and the assessor(s) responsible for the collection/review of the data. Assessments will be comprised of data from multiple sources and require a multidisciplinary team of specialists to gather and interpret the data. 

An AP can be initiated for several reasons. Some examples may include the following:  

  • When a parent1 requests assessment 
  • To initiate an assessment for an initial evaluation  
  • To initiate an assessment for a triennial evaluation (e.g., in preparation for an eligibility determination meeting)  
  • If a student is suspected as having an area of need that is not identified in the current IEP (including but not limited to behavior, social-emotional, and/or speech-language) 
  • If a student is suspected of having an additional disability that is not identified in the current IEP 

Before carrying out any testing outlined by the AP, the LEA is required to receive written consent from the parent. If a test or other assessment is administered to all students, individual parent consent is not required, unless, before the administration of that test or assessment, consent is required of the parent for all students. Although recommended, parent consent is also not required when doing a review of records based on existing data CA EDC §56321(f). However, when a review of records includes new information such as observations, interviews, and/or rating scales, consent is required.  

Parent Request for Assessment  

A parent has a right to request an evaluation at any time. Under EDC §56320.1(a), if a parent is requesting an assessment, the LEA/district must respond in writing within 15 days of the written request. For a student with an existing IEP, a triennial re-evaluation may be held early if mutually agreed upon by the school and parent(s).  An LEA/district may deny a parent’s request for an initial assessment or additional assessment for a student with an IEP using a Prior Written Notice (PWN) within 15 calendar days from the date of the request if the school team determines that data indicates the student is receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). For initial assessments, the LEA/district must include data in the PWN to demonstrate that the student is not suspected to be eligible for special education services under any of the 13 eligibility categories of the IDEA. If an LEA/District is considering denying a request for an initial assessment or additional assessment for a student with an IEP, it is strongly encouraged that the LEA/District consult with their LEA’s assigned SELPA Program Specialist. 

Assessment Plan Content  

The proposed AP (along with a PWN) given to parents shall meet all the following requirements:  

  • Be individualized to reflect the concerns identified through the referral process 
  • Be provided in the primary language of the parent(s) (EDC §56321(b)(2)) or another mode of communication used by the parent(s), unless doing so is not feasible.  
  • Explain the types of assessments to be conducted and the professional personnel who is responsible for the administration and interpretation of the assessment (EDC §56321(b)(3)). The El Dorado SELPAs recommends that assessors be listed by titles rather than by their names. 
  • Address all areas of suspected disability.  
  • State that no educational placement will result from the assessment without the consent of the parent(s) (EDC §56321(b)(4)).  

Areas of Assessment   

The AP must be comprehensive and allow for assessing the student in all areas related to the suspected disability, including, if appropriate (34 CFR, EDC §56320): 

  1. Health and developmental history 
  2. Vision, including low vision, and hearing (must be completed within the past year and before conducting assessments) 
  3. Motor Abilities 
  4. Speech and language functioning  
  5. General intelligence or cognitive abilities* 
  6. Processing skills  
  7. Academic achievement  
  8. Adaptive skills  
  9. Orientation and mobility skills 
  10. Career and vocational interests (transition planning) 
  11. Social, emotional, and/or behavioral functioning  
  12. Any other area of suspected disability 

The AP must reflect an evaluation that is sufficiently comprehensive to identify all the student’s needs for special education and related services by including assessment tools and strategies that provide relevant information that directly assists in determining the educational needs of the student. The LEA/district is entitled to select who will conduct the evaluations and determine how the process will work by deferring to the professional judgment of the appropriately credentialed/licensed evaluators. Parents have the right to information about the types of assessments an LEA plans to conduct. However, parents may not dictate terms or set conditions for an evaluation for special education purposes.  

*Please note: Because of the Larry P. litigation, the use of cognitive tests is prohibited for African American students, even with informed parental consent. For further information on selecting appropriate tests for African American students, please see the procedural guide section titled “Assessment, Test Selection, and Reports.” 

Obtaining Parent Consent to Assess 

An AP requires consent from the student’s educational rights holder. Most commonly, the educational rights holder is the student’s parent(s). If there are questions about who holds educational rights, please contact the LEA/district’s assigned SELPAs Program Specialist. For this section, the educational rights holder is referred to as the “parent”. 

The AP must be provided either in person, sent electronically (with permission from the parent), sent home with the student, and/or mailed to the parent’s home. In some cases, the school may need to require a return receipt via certified mail to provide documentation that the parent received the assessment plan. 

When the AP is provided to a parent for review, the following must be attached:  

  1. A copy of the Notice of Procedural Safeguards 
  2. A Prior Written Notice (PWN) 

Follow-up with the parent is strongly encouraged to allow the parent(s) an opportunity to communicate questions and/or concerns before providing consent for an assessment. An assessment shall not be conducted unless the written consent of the parent is obtained. Assessment may begin immediately upon receipt of the AP signed by the parent(s).  

If a parent is not identified or the location of a parent is unknown, a surrogate parent must be appointed to represent the student with a suspected disability. For more information on surrogate parents, please see the section of this Procedural Guide entitled “Surrogate Parents.” If the student is a ward of the state and is not residing with their parent(s), the LEA/district must make reasonable efforts to obtain informed consent from the parent(s).  

When a parent consents to the proposed AP, the LEA/district may proceed with assessments for determining special education eligibility. Consent to an AP does not grant the LEA/district any authority to implement changes to the student’s educational program. Consent for initial assessment shall not be construed as consent for initial placement of initial provision of special education and related services to the student 34 CFR §300.300(a)(ii).  

When Parents Refuse Consent to the Proposed Assessment Plan 

When a parent refuses to consent to an assessment, it is recommended that the LEA reach out to the parent to discuss their concerns with the proposed AP. When a parent of a student with IEP refuses an AP or is non-response to a proposed AP, an IEP meeting should be scheduled to review the parent’s concerns with the IEP team. The LEA must provide the parent with the necessary information to fully understand the AP and document their attempts to obtain parental consent. If a parent continues to deny a proposed AP, the LEA must make every effort to obtain a signature on the AP with the box checked for “I do not consent to the proposed assessment described above.”  

For initial assessments, if a parent refuses to consent or doesn’t respond to requests for consent, an LEA may, but isn’t required to pursue the initial evaluation of the student by utilizing the procedural safeguards in the IDEA, which include mediation procedures under 34 CFR §300.507 through 34 CFR§300.516  and 34 CFR §300.300 (a)(3)(I).  

For triennial re-evaluations, in situations where an LEA/district believes a re-evaluation is necessary but the parent disagrees and refuses consent for re-evaluation, the public agency may but is not required to use the consent to override procedures (34 CFR §300.300 (c)(1)(ii) and 34 CFR §300.300(a)(3)).  

When a parent refuses to consent to an AP proposed by the LEA/district, it is recommended to reach out to the LEA/district’s assigned SELPA Program Specialist.  

Assessment Timelines 

  • Initial Evaluation Referral: The AP will be developed and sent to the parent(s) for review within 15 calendar days from the receipt of the referral. Once consent is received, the assessment team has 60 days to conduct assessments and hold an IEP meeting to determine initial eligibility for services EDC §56043(c).  
  • Triennial Evaluation: The AP will be developed and sent to the parent(s) for review, giving the evaluation team enough time to complete the assessment before the triennial due date. The IEP team has 60 days to conduct assessments and hold an IEP meeting to determine if the student continues to qualify for special education services.  
  • It should be noted that the triennial IEP due date, as listed in the “Information/Eligibility” section of the current IEP, is the date on which the IEP must be held, regardless of the 60-day assessment plan timeline. If the 60-day timeline generated from the AP results in a date before the triennial due date, then the team must convene by the 60-day timeline’s established date.  
  • Transition Evaluation: The AP will be developed and sent to the parent for review, giving enough time to complete and review the transition assessments and hold the IEP before the student’s 16th birthday (EDC § 50643((g)(1)).   
  • Other Requests for Evaluation: Upon request for assessment by the parent or other interested parties, the AP will be developed and sent to the parent(s) for review within 15 days of the receipt of the referral.  

When a referral has been made ten calendar days or less before the end of the academic school year, the assessment plan must be developed within the first ten calendar days of the following school year. 

Note: existing IEP due dates (e.g., annual & triennial dates) supersede the 60-day assessment plan timeline. For additional information about timelines affiliated with IEP procedural requirements, please refer to the Procedural Guide section titled “Assessment Timelines.” 

1 The term “parent” refers to a natural parent, adopted parent, or legal guardian (EDC §49061). Any rights afforded to the parent are transferred to the adult student when they reach the age of majority (age 18), except in cases when a student with a disability has been deemed unable to make their own educational decisions under California Law. Therefore, references to the parent may also include adult students.   

Recommended Links: Eligibility Criteria PG guide doc: http://charterselpa.org/wp-content/uploads/2018/01/ELIGIBILITY-CRITERIA.pdf 

Assessment Plans PG guide doc: https://charterselpa.org/wp-content/uploads/2018/01/ASSESSMENT-PLANS.pdf 

NPS & RTC guidelines doc: https://charterselpa.org/wp-content/uploads/2017/08/Charter-NPS-RTC-Guidelines-2020.pdf 

Assessments, Test Selection, and Reports PG doc: http://charterselpa.org/wp-content/uploads/2018/01/ASSESSMENT-TEST-SELECTION-AND-REPORTS.pdf 

Prior Writen Notice PG guide doc: http://charterselpa.org/wp-content/uploads/2018/01/PRIOR-WRITTEN-NOTICE.pdf