In response to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the U.S.  Department of Education (USDE) reviewed the Individuals with Disabilities Education Act (IDEA) to determine any waivers to recommend to Congress to provide flexibility to local education agencies (LEAs) during the COVID-19 pandemic. USDE did not recommend waivers for evaluation and reevaluation timelines nor did Congress advance any legislation to relieve LEAs from evaluation and reevaluation timelines. As a result, Title 22, Chapter 14 of the Pennsylvania Code and 22 Pa. Code Chapter 14 (Chapter 14) continue to govern evaluation and reevaluation requirements for students with disabilities during the COVID-19 pandemic. 

Pursuant to 22 Pa. Code §§ 14.123 and 14.124, evaluations and reevaluations must be completed and the evaluation report presented to parents or guardians no later than 60 calendar days after receiving written parental consent for the evaluation. Summer calendar days do not count.

This guidance does not reflect any revised federal or state law, regulations, or policy.  Because the COVID-19 pandemic is a rapidly evolving situation, this guidance provides LEAs with additional considerations regarding evaluations and reevaluations.  This guidance, which is in a FAQ format, is not intended to provide legal advice, and LEAs should consult with their solicitor.   

To read the guidance in its entirety, please click here.