Most parents know special education reevaluations happen "every three years." Fewer know the rest of the rule: three years is the outer limit, not the rhythm. Under 34 CFR § 300.303, a reevaluation must occur at least every three years (unless you and the district agree it's unnecessary) — but it must also occur if the child's needs warrant it, or if a parent or teacher requests it.
A new diagnosis. A hard year where the current supports clearly stopped working. Skills that regressed and didn't come back. A big change — new school, new medication, new behaviors. Any of these is a legitimate reason to request reevaluation now instead of waiting for the calendar. The evaluation is what updates the school's legal picture of your child; an IEP built on three-year-old data serves a child who no longer exists.
The same regulation sets a ceiling: reevaluations happen no more than once a year unless you and the school agree otherwise. So the practical rhythm available to you is: once a year on request, every three years no matter what. Make the request in writing, name what's changed, and end with the usual five words: please respond in writing. If the district refuses, it owes you Prior Written Notice explaining why — and if you disagree with the evaluation it does conduct, you can request an independent evaluation at public expense.
Yes. Schools must conduct a reevaluation if a parent or teacher requests one, subject to the once-a-year limit unless the school agrees to more (34 CFR § 300.303).
Only if you and the district both agree it’s unnecessary. Silence is not agreement — if the third year is approaching with no evaluation planned, ask in writing.
The refusal must come with Prior Written Notice explaining the reasons and the data behind them (34 CFR § 300.503) — and you can challenge it through your state’s dispute options.
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