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 If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it.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

Washington State follows IDEA and adds its own rules through OSPI. Parents here have strong dispute resolution options and access to good statewide support organizations.

Meghan Moore, BCBA, M.A. Special Education

Washington State Special Education Framework

Washington State special education is governed by IDEA and Chapter 392-172A of the Washington Administrative Code (WAC), which outlines state-specific rules for evaluation, eligibility, IEP development, placement, and dispute resolution. The Office of Superintendent of Public Instruction (OSPI) oversees special education statewide.

Every eligible student is entitled to a free appropriate public education (FAPE) from age 3 through 21.

Washington's Stricter Evaluation Timeline

Washington State has a shorter evaluation timeline than federal law requires. Once you provide written consent, Washington schools must complete the evaluation within 35 school days. This is one of the most protective timelines in the country.

The 35-school-day clock excludes days when school is not in session (holidays, breaks), but it applies regardless of the time of year when you submit consent.

IEP Rights in Washington

You are a required member of your child's IEP team. Washington follows all federal IDEA requirements for IEP content and team composition. You have the right to request an IEP meeting at any time, bring additional people to the meeting, review records in advance, and disagree with the IEP in writing.

Washington requires that you receive a copy of the IEP and Prior Written Notice at no cost. All IEP documents must be provided in a language you can understand.

Dispute Options in Washington

Facilitated IEP Meeting: A trained facilitator helps the team communicate during the IEP meeting. Voluntary, free, and available through OSPI.
State Complaint: File a written complaint with OSPI Special Education. OSPI must investigate and issue a written decision within 60 calendar days.
Mediation: Voluntary, confidential, and free. Washington provides mediation through an OSPI-approved mediator. Agreements are legally binding.
Due Process Hearing: A formal proceeding before an administrative law judge through the Office of Administrative Hearings (OAH). Both parties present evidence and the ALJ issues a binding decision.

Washington Parent Resources

PAVE (Partnerships for Action, Voices for Empowerment) is Washington's federally funded Parent Training and Information Center. They provide free one-on-one support, training, and workshops across the state. Visit wapave.org.

Disability Rights Washington (DRW) is the state's Protection and Advocacy organization. They provide legal advocacy for people with disabilities including in special education disputes. Visit disabilityrightswa.org.

OSPI Special Education publishes parent guides, WAC 392-172A, and dispute resolution information at k12.wa.us/special-education.

Frequently Asked Questions

How long does Washington State have to evaluate my child?

Washington must complete the initial evaluation within 35 school days of receiving written consent, which is stricter than the federal 60-calendar-day timeline.

What is OSPI in Washington State special education?

OSPI stands for the Office of Superintendent of Public Instruction. It is Washington's state education agency and oversees special education compliance. The Special Education section of OSPI handles state complaints and provides guidance to districts.

What dispute options do Washington parents have?

Washington parents can file a state complaint with OSPI, request mediation, or file for a due process hearing through the Office of Administrative Hearings (OAH). Washington also offers facilitated IEP meetings.

What is the Washington PAVE center?

PAVE (Partnerships for Action, Voices for Empowerment) is Washington State's federally funded Parent Training and Information Center. They provide free workshops, individual support, and advocacy resources for families.