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 If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it.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 Pennsylvania: What Parents Need to Know

Pennsylvania has some of the most detailed special education regulations in the country, and knowing them gives parents real leverage in the IEP process.

Meghan Moore, BCBA, M.A. Special Education

Pennsylvania's Special Education Framework

Pennsylvania special education is governed by 22 Pa. Code Chapter 14 (for school-age students) and Chapter 16 (for gifted students). Chapter 14 implements the Individuals with Disabilities Education Act and adds Pennsylvania-specific requirements. The Pennsylvania Department of Education's Bureau of Special Education oversees compliance.

Every eligible student is entitled to a free appropriate public education (FAPE) designed to meet their unique needs in the least restrictive environment appropriate.

Evaluation Timelines in Pennsylvania

After you give written consent for evaluation, Pennsylvania schools must complete the evaluation within 60 calendar days. The IEP meeting must then be held and services must begin within 30 calendar days of the evaluation report being completed.

Pennsylvania requires that the evaluation notice (called the Permission to Evaluate) inform you of the specific assessments the school plans to use. You can request additional assessments if you believe they are needed. If you disagree with the evaluation results, you can request an Independent Educational Evaluation (IEE) at the school's expense.

IEP Development in Pennsylvania

Pennsylvania IEPs must include all the federal IDEA requirements and follow Chapter 14 format guidelines. Your IEP must include present levels of educational performance, measurable annual goals, a description of special education and related services, an explanation of any time the student will not participate with non-disabled peers, assessment accommodations, and transition planning starting at age 14.

Pennsylvania sets the transition planning age at 14, which is earlier than the federal requirement of 16. If your child is a teenager, transition goals should already be part of the IEP.

Your Rights as a Pennsylvania Parent

Pennsylvania uses the term Notice of Recommended Educational Placement (NOREP) for the document where the school communicates placement decisions and where you indicate agreement or disagreement. You must receive a NOREP any time the school proposes or refuses to change your child's identification, evaluation, educational program, or placement.

If you sign the NOREP as "disagree," the school cannot implement the change. Your child stays in their current placement while the dispute is pending (known as the stay-put provision). This is a significant protection in Pennsylvania.

Dispute Options in Pennsylvania

Bureau of Special Education Complaint: File a written complaint with the Pennsylvania Bureau of Special Education if you believe the school has violated IDEA or Chapter 14. The state must respond within 60 calendar days.
Mediation: Voluntary, confidential, and free. A neutral mediator helps both parties reach agreement. Mediation agreements are legally binding.
Due Process Hearing: A formal legal proceeding. Pennsylvania uses an Office for Dispute Resolution (ODR) to administer hearings. ODR also provides trained hearing officers.
Resolution Session: Required within 15 days of filing for due process. The school must convene a resolution session with relevant IEP team members before a hearing proceeds.

Pennsylvania Parent Resources

PATTAN (Pennsylvania Training and Technical Assistance Network) provides training, resources, and support for families and educators. Visit pattan.net.

The ARC of Pennsylvania and its local chapters provide advocacy support for individuals with intellectual and developmental disabilities. Find your local chapter at thearcpa.org.

Disability Rights Pennsylvania (DRP) is the state's Protection and Advocacy organization. They offer free legal advocacy in special education disputes. Visit disabilityrightspa.org.

Special Kids Network is a Pennsylvania-specific resource connecting families to disability services and supports. Visit pattan.net.

Frequently Asked Questions

What is Chapter 14 in Pennsylvania special education?

Chapter 14 refers to 22 Pa. Code Chapter 14, Pennsylvania's state regulations governing special education. These rules implement IDEA and add Pennsylvania-specific requirements around evaluation, eligibility, IEP development, and services.

How long does Pennsylvania have to evaluate my child?

Pennsylvania must complete the initial evaluation within 60 calendar days of receiving your written consent. The school must then hold an IEP meeting and begin services within 30 calendar days of the evaluation.

What is PATTAN?

PATTAN stands for Pennsylvania Training and Technical Assistance Network. It is the state's resource for special education training, including materials and support for parents navigating the IEP process.

What dispute options do Pennsylvania parents have?

Pennsylvania parents can file a complaint with the Bureau of Special Education, request mediation, file for a due process hearing, or use Pennsylvania's resolution sessions as part of the hearing process.