Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Arizona: What Parents Need to Know

Arizona follows IDEA and its own Exceptional Student Services rules. Here is what every Arizona parent needs to know before the next IEP meeting.

Meghan Moore, BCBA, M.A. Special Education

Arizona Special Education Overview

Arizona public schools provide special education under IDEA and the Arizona Revised Statutes Title 15, along with Arizona Administrative Code rules governing Exceptional Student Services (ESS). The Arizona Department of Education ESS Division oversees compliance and provides guidance to school districts statewide.

Every eligible student in Arizona is entitled to a free appropriate public education (FAPE) beginning at age 3. Arizona serves students through age 21 who have not yet earned a standard diploma.

Evaluation Timelines

After you provide written consent for evaluation, Arizona schools must complete the evaluation within 60 calendar days. If you make an oral request, the school should document it and ask you to follow up in writing. Your 60-day clock begins from the date the school receives your written consent.

If the school declines to evaluate, they must provide you with a written Prior Written Notice explaining their decision and informing you of your right to dispute it.

IEP Meetings and Your Rights

You are a required member of your child's IEP team in Arizona. The school must schedule meetings at a mutually agreed upon time and place, and must make reasonable efforts to make sure you can participate. You have the right to bring additional people to IEP meetings, including advocates and attorneys.

If you disagree with the IEP, you can note your disagreement in writing at the meeting. You do not have to sign the IEP to indicate agreement at the meeting itself. Take the IEP home, review it, and send your response in writing.

Dispute Options in Arizona

State Complaint: File a written complaint with the Arizona Department of Education ESS Division. ESS must investigate and issue a written decision within 60 calendar days.
Mediation: Voluntary and confidential, provided at no cost to parents through the Arizona Department of Education. Agreements reached in mediation are legally enforceable.
Due Process Hearing: A formal legal proceeding before an impartial hearing officer. Arizona uses the state's Office of Administrative Hearings for special education due process hearings.

Arizona Parent Resources

Raising Special Kids is Arizona's federally funded Parent Training and Information Center. They provide free training, individual consultations, workshops, and support for families of children with disabilities. Visit raisingspecialkids.org.

Arizona Center for Disability Law (ACDL) is the state's Protection and Advocacy organization. They provide free legal advocacy for people with disabilities, including special education disputes. Visit azdisabilitylaw.org.

Arizona Department of Education ESS publishes parent guides, dispute resolution information, and special education resources at azed.gov/specialeducation.

Frequently Asked Questions

How long does Arizona have to evaluate my child?

Arizona must complete the initial evaluation within 60 calendar days of receiving written consent, consistent with the federal IDEA timeline.

What is Exceptional Student Services in Arizona?

Exceptional Student Services (ESS) is the division of the Arizona Department of Education that oversees special education. ESS sets state policy, monitors district compliance, and handles state complaint investigations.

What dispute options do Arizona parents have?

Arizona parents can file a state complaint with the Arizona Department of Education ESS Division, request mediation, or file for a due process hearing. Arizona provides mediation at no cost through the state.

What is Raising Special Kids?

Raising Special Kids is Arizona's federally funded Parent Training and Information Center. They provide free workshops, individual support, and resources for families of children with disabilities in Arizona.