3565 - (IHBAB) Special Education Evaluations

 

 

 

 

The State and Federal special education laws require that the Milford
School District (“District”), as the local education agency (“LEA”), shall find,
identify, and evaluate all children suspected to be children with disabilities.
The District evaluates children upon referral for special education and
reevaluates educationally disabled children at least once every three years
or when conditions warrant a reevaluation. The District is committed to
ensuring that each child’s Individual Education Program (IEP) team bases
its decision on high quality, reliable, and educationally sound special
education evaluations.

The availability, steps, timelines, and other procedures for initiating a referral,
requesting, or conducting an educational evaluation relative to a
determination of whether a child is a child with a disability, are as set forth in
the New Hampshire Department of Education-Special Education Procedural
Safeguards Handbook, updated December 20, 2024. Parents will receive a
copy at the initial referral or parent request for an evaluation. A current copy
of the handbook may be obtained from the Milford School District’s Executive
Director of Student Support Services, or from the New Hampshire Department
of Education. This policy establishes the criteria for those evaluations.

A referral for a special education evaluation may be initiated at any time by a
parent, guardian, adult student, teacher, or other person who has reason to
suspect that a child may have a disability. If the referral comes from someone
other than the parent, including the child’s teacher, the parent will be
immediately notified, in writing, that a referral has been made. The IEP team
shall meet within 15 business days of receiving the referral to determine how
the concerns may be addressed. Although not required by law, making the
referral in writing and explaining why you believe a child may have a disability
that requires special education will help to ensure that concerns are
understood and addressed appropriately.

If the IEP Team decides that additional evaluation is necessary, the District will
arrange evaluations, at no cost to a parent, to be conducted by trained and
knowledgeable, certified or licensed evaluators. After the District has received
a parent’s written consent for the evaluations, initial evaluations must be
completed within 60 calendar days.

For reevaluations, the evaluation process shall be completed within 60 days
after parent consent (unless a parent agrees to extend the timeline for up to an
additional 30 days).

The Local Education Agency (LEA) shall provide parents with copies of each 

examiner’s evaluation and assessment report(s) at least 5 days prior to the
meeting of the IEP team at which the evaluation and assessment report(s) will
be discussed.

If a parent disagrees with the evaluation conducted by the District, they may
request the school district provide an independent educational evaluation at no
cost to the parent.

The IEP Team will use the evaluations to determine whether or not a child is
eligible for special education. To be eligible, a child must have a disability and
require special education or related services to access a free and appropriate
public education (“FAPE”).

Within 30 days after a child is found eligible for special education, the IEP
Team will meet to develop an individualized education program (IEP) for the
child. The IEP does not become effective until parental consent is received.
The IEP team must meet at least once every three years to determine eligibility
for special education.

The District has established the following criteria for all special education
evaluations. These criteria apply to all evaluations conducted by District
personnel, all evaluations the District asks outside contractors to conduct, and
all independent educational evaluations (“IEE”) parents expect the District to
review, consider, and/or fund. 

1. Evaluation Compliance: The evaluation must comply with the relevant
provisions of the State and Federal special education laws, including
34 C.F.R. §§ 300.301– 300.311, and N.H. Code of Administrative
Rules Ed 1107.

2. Evaluator Credentials:

3. Test Protocol Requirement: All tests administered will be the current
version of the test. The test must be norm-referenced for the individual
evaluation appropriate for the age and educational level of the child and
measure the same skills, and meet the same standards of technical
adequacy for reliability and validity.

 

4. Communication and Shared Information between Evaluator and District:
The evaluator must be permitted to directly communicate with and is
required to provide information to members of the IEP team, the
District’s Executive Director of Student Support Services, or the
administrator’s designees. The evaluator should have access to the
current evaluation and current IEP, if applicable. The evaluator is also
required to release the assessments and results, including parent and
teacher questionnaires, to members of the IEP team, the Executive
Director of Student Support Services or the administrator’s designees.

 

Additionally, the District shall be entitled to inspect and obtain copies of
the evaluator’s records directly pertaining to the student being
evaluated, including any records created by third parties. However, for
the purposes of the Federal Family Educational Rights and Privacy Act
(FERPA), records will not be deemed accessible to any District
personnel other than the evaluator, unless and until the District
exercises its right to inspect or obtain copies of those records from the
evaluator. Accordingly, parents/guardians must authorize a release of
information to allow for the sharing of such information as well as the
records indicated in section C.5 of this policy.

 

5. Student Educational Record Review: The evaluator must review
educational records located in the student’s local public school and
other relevant educational records.

 

6. Student Observation: Unless the child’s IEP team determines otherwise,
the evaluator must either: a.) observe the child in one or more
educational settings; or b.) make at least one contact with the child’s
general education teacher for the purpose of determining how the
student is progressing in the general curriculum. In addition, evaluators
are encouraged to make additional contacts with other involved general
and special education teachers and related service providers.

 

7. Evaluation Reports: All evaluation reports will include the
appropriate standardization and reporting methods as
designed by the test publishers.

 

8. Cost and Payment: There is no cost for evaluations conducted by
District staff or individuals who are under contract with the District. The 

cost of the independent evaluation will be established prior to the
independent evaluation being conducted. The District will not pay for
the evaluation until it receives the evaluator’s completed report.

 

9. Evaluation Criteria Waiver: Unique circumstances may justify deviation
or waiver, in whole or in part, from these criteria. If a parent or District
staff member is aware of such unique circumstances, they should
inform the student’s special education teacher, or Executive Director of
Student Support Services immediately. The District’s Executive
Director of Student Support Services or designee is authorized to grant
a waiver.

 

 

The Executive Director of Student Support Services or designee shall
provide a copy of this policy to parents/guardians who indicate they are
considering obtaining an IEE, and shall make available upon a
parent/guardian’s request information about where an IEE may be
obtained.

Evaluators who review student records and observe students in the
District’s classrooms must sign a separate agreement governing the terms
of such review and observation that maintains the confidentiality of all
reviewed materials and observations. 

 

 

NH Statutes   Description
RSA 186-C Special Education

NH Dept of Ed Regulation Description
N.H. Code Admin. Rules Ed 1107.03 Independent Educational Evaluations

 

N.H. Code Admin. Rules Ed 1120.07 Independent Educational Evaluations

 

 

Federal Regulations   Description
34 CFR 300.300 - 300.502 34 C.F.R. 300.300 - 300.502

 

Federal Statutes Description
20 U.S.C. §1232g(a)(4)(B)(i) Family Educational Rights and Privacy Act

 

 

 

Adopted: 8/2012
Revised: 4/2026