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 If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it.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

Q: What PTI center supports Nebraska families?

PTI Nebraska (Parent Training and Information Nebraska) is the federally funded PTI center for Nebraska families, providing free training, information, and support for navigating special education.

Nebraska families have rights under federal IDEA and Nebraska Rule 51, administered through the Nebraska Department of Education. Here is what parents need to know.

Meghan Moore, BCBA, M.A. Special Education

Nebraska Special Education Law

Nebraska's special education system is governed by federal IDEA and Nebraska Rule 51 (Nebraska Department of Education Rule 51: Regulations and Standards for Special Education Programs), administered by the Nebraska Department of Education (NDE), Special Education Office. Nebraska follows the federal 60-calendar-day evaluation timeline.

Evaluation Timeline: 60 Calendar Days

From the date you provide written consent for an initial evaluation, Nebraska districts have 60 calendar days to complete all assessments and hold an eligibility meeting. The clock should not be paused by summer break absent a specific documented district policy disclosed to you in advance.

Nebraska's Child Find obligation applies statewide: schools must identify and evaluate students they suspect of having a disability, including children attending private schools and homeschooled children 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

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

Least Restrictive Environment

Nebraska requires placement with nondisabled peers to the maximum extent appropriate. Removal from general education must be documented and justified in the IEP. The full continuum of placement options must be available.

Transition Planning

Nebraska follows the federal IDEA requirement: 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 all IEP meetings where transition is discussed. Nebraska Vocational Rehabilitation (VR) collaborates with schools on transition services.

Parent Rights and Procedural Safeguards

Nebraska 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 the NDE Special Education Office. The state has 60 calendar days to investigate. Complaints must be filed within one year of the alleged violation.

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

Due Process: Nebraska due process hearings are conducted through NDE. 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.

Nebraska Special Education Resources

Nebraska Department of Education, Special Education Office: (402) 471-2471 | education.ne.gov/sped, state oversight, complaint procedures, and policy resources.

PTI Nebraska: (402) 346-0525 | ptinebraska.org, federally funded PTI center providing free training, information, and support for Nebraska families navigating special education.

Disability Rights Nebraska: (800) 422-6691 | disabilityrightsnebraska.org, free legal advocacy for Nebraskans with disabilities, including special education matters.

Frequently Asked Questions

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

Nebraska 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 Nebraska?

File a written complaint with the Nebraska Department of Education, Special Education Office. The state has 60 calendar days to investigate and issue a written decision.

What PTI center supports Nebraska families?

PTI Nebraska is the federally funded PTI center for Nebraska families, providing free training, information, and support for navigating special education.