Haw. Code R. § 8-60-37 - Additional requirements for evaluations and reevaluations
(a) Review of existing evaluation data. As
part of an initial evaluation (if appropriate) and as part of any reevaluation,
the IEP team and other qualified professionals, as appropriate, shall:
(1) Review existing evaluation data on the
student, including:
(A) Evaluations and
information provided by the parents of the student;
(B) Current classroom-based or State
assessments, and classroom-based observations; and
(C) Observations by teachers and related
services providers; and
(2) On the basis of that review, and input
from the student's parents, identify what additional data, if any, are needed
to determine:
(A)
(i) Whether the student is a student with a
disability, as defined in sections 8-60-2 and 8-60-39 and the educational needs
of the student; or
(ii) In case of
a reevaluation of a student, whether the student continues to have such a
disability, and the educational needs of the student;
(B) The present levels of academic
achievement and related developmental needs of the student;
(C)
(i)
Whether the student needs special education and related services; or
(ii) In the case of a reevaluation of a
student, whether the student continues to need special education and related
services; and
(D)
Whether any additions or modifications to the special education and related
services are needed to enable the student to meet the measurable annual goals
set out in the IEP of the student and to participate, as appropriate, in the
general education curriculum.
(b) Conduct of review. The group described in
subsection (a) may conduct its review without a meeting.
(c) Source of data. The department shall
administer such assessments and other evaluation measures as may be needed to
produce the data identified under subsection (a).
(d) Requirements if additional data are not
needed.
(1) If the IEP team and other
qualified professionals, as appropriate, determine that no additional data are
needed to determine whether the student continues to be a student with a
disability, and to determine the student's educational needs, the department
shall notify the student's parents of:
(A)
That determination and the reasons for the determination; and
(B) The right of the parents to request an
assessment to determine whether the student continues to be a student with a
disability, and to determine the student's educational needs.
(2) The department is not required
to conduct the assessment described in paragraph (1)(B) unless requested to do
so by the student's parents.
(e) Evaluations before change in eligibility.
(1) Except as provided in paragraph (2), the
department shall evaluate a student with a disability in accordance with
sections 8-60-36 through 8-60-43 before determining that the student is no
longer a student with a disability.
(2) The evaluation described in paragraph (1)
is not required before the termination of a student's eligibility due to
graduation from secondary school with a regular diploma, or due to exceeding
the age eligibility for a FAPE under State law.
(3) For a student whose eligibility
terminates under circumstances described in paragraph (2), the department shall
provide the student with a summary of the student's academic achievement and
functional performance, which shall include recommendations on how to assist
the student in meeting the student's postsecondary goals.
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