Parental Rights & MET Timelines

Parental Rights & MET Timelines

Dr.-Brett-Andersen-MET-Timelines-IEE-Scottsdale-Phoenix-Arizona-Psychologist

Parental Rights & MET Timelines

Let’s talk multidisciplinary evaluation team (MET) timelines.  MET requests can come from the school district or parent.  We’ll first discuss the timelines when parents make a request for special education.

Timeline for the school to respond to a request for a special education evaluation

When a parent puts in writing their request for a special education evaluation, the school must responded “within a reasonable amount of time not to exceed 15 school days from the date it receives a parent’s written request for an evaluation, either begin the evaluation by reviewing existing data, or provide prior written notice refusing to conduct the requested evaluation.”  Therefore, the school must respond to your request by initiating the evaluation or providing a written document (PWN) stating they are refusing to test. 

It is important to note the regulations specifically state from the day of the parent’s written consent (34 C.F.R. § 300.301(c)(1); A.A.C. R7-2-401(E)(3)).  The regulations do not specify the district’s requirements when a parent makes an oral/verbal request.  Therefore, anytime you request a special education evaluation, do so in writing.

What if the school refuses to initiate an evaluation and I disagree with their decision?

You can file for mediation or due process.

How long does the school district have to conduct the evaluation (MET)?

60 calendar days (A.A.C. R7-2-401(E)(3))

In addition, “The 60-day evaluation period may be extended for an additional 30 days, provided it is in the best interest of the child [not the convenience of the school], and the parent and [school] agree in writing to such an extension. [Nonetheless,] neither the 60-day evaluation period nor any extension shall cause a re-evaluation to exceed the timelines for a re-evaluation within three years of the previous evaluation.” [A.A.C. R7-2-401(E)(5)]

Can the MET be delayed due to summer vacation?

No!  The 60 calendar timeline includes school breaks. [34 C.F.R. Part 300, Analysis of Comments and Changes, Subpart D-Evaluation, Eligibility Determinations, Individualized Education Programs, and Educational Placement, Federal Register, Vol. 71, No. 156, p. 46659 (August 2006)] “The Office of Special Education Programs (OSEP) recognizes that conducting evaluation activities during extended breaks, such as the typical school’s summer vacation, can be challenging for school districts, particularly if fewer staff members are available.

Can the 60 calendar day MET timeline ever be extended?

Yes!  “The 60-day evaluation period may be extended for an additional 30 days, provided it is in the best interest of the child [not the convenience of the school], and the parent and [school] agree in writing to such an extension. [Nonetheless,] neither the 60-day evaluation period nor any extension shall cause a re-evaluation to exceed the timelines for a re-evaluation within three years of the previous evaluation.” [A.A.C. R7-2-401(E)(5)]

If the child qualifies for an individualized education program (IEP), how long does the district have to develop the IEP post-MET?

30 calendar says [34 C.F.R. § 300.323(c)(1)]

HOWEVER, this ONLY applies to the development of the first (initial) IEP.  There is technically no timeline per federal or state regulations that state how long schools have to develop an IEP, or if they ever have to, after a reevaluation (subsequent IEPs or transfer IEPs).

What if I disagree with MET’s decision?

You can obtain an Independent Educational Evaluation (IEE) paid for at public expense.

Do you still have MET timeline questions or want to request an IEE? 

If so, contact our office (info@andersenpsychology.com) and we will be glad to provide you with free consultation.