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 If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it.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

Montana families have rights under federal IDEA and Montana ARM Title 10, Chapter 16, administered through the Montana Office of Public Instruction. Here is what parents need to know.

Meghan Moore, BCBA, M.A. Special Education

Montana Special Education Law

Montana students with disabilities are protected by federal IDEA and Montana Administrative Rules (ARM) Title 10, Chapter 16, administered by the Montana Office of Public Instruction (OPI), Special Education Division. Montana follows the federal 60-calendar-day evaluation timeline.

Evaluation Timeline: 60 Calendar Days

From the date you provide written consent for an initial evaluation, Montana districts have 60 calendar days to complete all assessments and hold an eligibility meeting. Montana's rural landscape can make this challenging in some districts, but the timeline applies regardless of location.

Montana's Child Find obligation requires schools to identify and evaluate students suspected of having disabilities, including students in private schools within the district's boundaries.

IEP Development and Annual Review

Once eligibility is confirmed, the IEP must be developed and in place as soon as possible. Annual reviews are required every 12 months. You can request an IEP meeting at any time if you believe changes are needed.

Required IEP team members: the parent, a general education teacher (if 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 either party.

Triennial Reevaluation

Reevaluation is required at least every three years. With written agreement from both parent and district, formal testing may be waived if both agree existing data is sufficient. The team must still review existing data and confirm continued eligibility.

Least Restrictive Environment

Montana requires placement with nondisabled peers to the maximum extent appropriate. Removal from general education must be justified and documented in the IEP. Montana's sparse population in some areas may limit available placements, but districts still must document why each placement decision was made.

Transition Planning

Transition planning must begin by age 16. The IEP must include measurable postsecondary goals, transition services, and a course of study. Students must be invited to IEP meetings focused on transition planning. Montana Vocational Rehabilitation (VR) coordinates with schools on transition services.

Parent Rights and Procedural Safeguards

Montana must provide your procedural safeguards notice at initial referral, at each annual IEP, when you request a copy, and when you file a 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 OPI Special Education Division. The state has 60 calendar days to investigate. Complaints must be filed within one year of the alleged violation.

Mediation: Montana offers free voluntary mediation. Both parties must agree to participate. Mediation agreements are legally binding.

Due Process: Montana due process hearings are conducted through OPI. 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.

Montana Special Education Resources

Montana OPI Special Education Division: (406) 444-4429 | opi.mt.gov, state oversight, complaint procedures, and policy resources.

Parents Let's Unite for Kids (PLUK): (800) 222-7585 | pluk.org, Montana's federally funded PTI center providing free training, advocacy support, and resources for families navigating special education.

Disability Rights Montana: (800) 245-4743 | disabilityrightsmt.org, free legal advocacy for Montanans with disabilities, including special education matters.

Frequently Asked Questions

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

Montana must complete the initial evaluation and hold an eligibility meeting within 60 calendar days of receiving your signed consent for evaluation.

How do I file a special education complaint in Montana?

File a written complaint with the Montana Office of Public Instruction, Special Education Division. The state has 60 calendar days to investigate and issue a written decision.

What PTI center supports Montana families?

Parents Let's Unite for Kids (PLUK) is Montana's federally funded PTI center, providing free training, advocacy support, and resources for families navigating special education.