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 If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it.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 Special Education Rights

IEP Rights in Kansas

Kansas families have rights under federal IDEA and Kansas state regulations, with a unique 60-school-day evaluation window. Here is what parents need to know.

Meghan Moore, BCBA, M.A. Special Education

Kansas Special Education Law

Kansas special education is governed by federal IDEA and Kansas Administrative Regulations Article 72-3000 through 72-3500, administered by the Kansas State Department of Education (KSDE), Special Education and Title Services. Kansas uses a 60-school-day evaluation timeline, meaning summer and holidays pause the clock.

Evaluation Timeline: 60 School Days

From the date you provide written consent for an initial evaluation, Kansas districts have 60 school days to complete all assessments and hold an eligibility meeting. Because this timeline uses school days, evaluations requested near the end of the school year may not be completed until the following fall. If you want to avoid a delay, sign consent early in the year or ask the school to complete the evaluation over summer.

Kansas's Child Find obligation requires schools to identify and evaluate children suspected of having disabilities, regardless of whether the parent has made a formal request.

IEP Development and Annual Review

After eligibility is confirmed, the IEP must be developed and in place at the beginning of the next school year or within a reasonable time. Annual reviews are required every 12 months. You can request an IEP meeting at any time, and the district must respond within a reasonable time.

Required IEP team members include: the parent, a general education teacher (where applicable), a special education teacher or provider, a district representative authorized to commit resources, a person who can interpret evaluation results, the student (where appropriate), and any others invited by the parent or school.

Triennial Reevaluation

Kansas requires reevaluation at least every three years. With written agreement from both the parent and district, formal testing may be waived if both agree existing data is sufficient. Even with a waiver, the team must review existing data and confirm continued eligibility.

Least Restrictive Environment

Kansas requires placement with nondisabled peers to the maximum extent appropriate. Removal from general education must be justified in the IEP. The continuum of placement options must be available in each district.

Transition Planning

Kansas follows the federal IDEA requirement: transition planning begins by age 16. The IEP must include measurable postsecondary goals, transition services, and a course of study. Students must be invited to IEP meetings that include transition planning. Kansas Vocational Rehabilitation (VR) coordinates with schools on transition services for eligible students.

Parent Rights and Procedural Safeguards

Kansas must provide your procedural safeguards notice at initial referral, at each annual IEP, when you request a copy, and when you file a state complaint or request due process. You have the right to an IEE at public expense if you disagree with the district's evaluation. The district must either fund the IEE or initiate due process to defend its own assessment.

Dispute Resolution Options

State Complaint: File a written complaint with KSDE Special Education and Title Services. The state has 60 calendar days to investigate. Complaints must be filed within one year of the alleged violation.

Mediation: Kansas provides free voluntary mediation through KSDE. Both parties must agree to participate. Agreements are legally binding.

Due Process: Kansas due process hearings are conducted through KSDE. The two-year statute of limitations applies. After filing, the district has 15 days to hold a resolution meeting (unless waived), followed by a 30-day resolution period.

Kansas Special Education Resources

KSDE Special Education and Title Services: (785) 291-3097 | ksde.org, state oversight, complaint procedures, and policy resources.

Families Together, Inc.: (785) 233-4777 | familiestogetherinc.org, Kansas's federally funded PTI center, providing free training, advocacy information, and support for families navigating special education.

Disability Rights Center of Kansas: (877) 776-1541 | drckansas.org, free legal advocacy for Kansans with disabilities, including special education rights.

Frequently Asked Questions

How long does Kansas have to evaluate my child for special education?

Kansas must complete the initial evaluation within 60 school days of receiving your signed consent for evaluation. School days do not count during summer break or school holidays.

How do I file a special education complaint in Kansas?

File a written complaint with the Kansas State Department of Education, Special Education and Title Services. The state has 60 calendar days to investigate and issue a decision.

What PTI center serves Kansas families?

Families Together, Inc. is Kansas's federally funded Parent Training and Information center, providing free training, support, and advocacy information for families of children with disabilities.