511 IAC 7-40-8 - Reevaluation
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 8.
(a) Once a
student is eligible for special education and related services, any subsequent
evaluation of the student is reevaluation, even if the student is being
evaluated because a different or additional eligibility category is
suspected.
(b) A public agency must
consider reevaluation for each student receiving special education and related
services:
(1) at least once every three (3)
years; however, reevaluation need not occur if the parent and the public agency
agree that it is unnecessary;
(2)
if the public agency determines, at any time during the three (3) year cycle,
that additional information is needed to address the special education or
related services needs of the student; and
(3) if the student's parent or teacher
requests reevaluation.
(c) The following procedures are not
reevaluation:
(1) A test or other evaluation
that is administered to all students unless, before administration of the test
or evaluation, consent is required from parents of all students.
(2) A screening of students by a teacher or a
specialist to determine appropriate instructional strategies for curriculum
implementation.
(3) A review of
existing data regarding a student.
(4) The collection of progress monitoring
data when a student participates in a process that assesses the student's
response to scientific, research based interventions described in section 2 of
this rule.
(d) If a CCC
determines at an annual CCC meeting that reevaluation is necessary to
reestablish eligibility for special education and related services,
reevaluation must occur by the next annual CCC meeting. Reevaluation to
reestablish eligibility may not occur more than once a year, unless the parent
and the public agency agree otherwise.
(e) If the CCC determines or the parent or
teacher requests that a reevaluation be conducted to:
(1) determine that the student is eligible
for special education and related services under a different or additional
eligibility category; or
(2) inform
the CCC of the student's needs, such as the student's need for assistive
technology or a related service; the reevaluation must occur and the CCC
convened within fifty (50) instructional days of the date that written parental
consent is received by licensed personnel, in accordance with subsection
(j).
(f) A parent's
request for a reevaluation must be made to licensed personnel, which is defined
in
511 IAC
7-32-58 to mean persons employed by the public agency
who are:
(1) teachers;
(2) school counselors;
(3) school psychologists;
(4) school social workers;
(5) building principals; and
(6) other administrators.
A parent's request for an evaluation may be made verbally or in writing. After a parent makes a request, the public agency has ten (10) instructional days to provide the parent with written notice as specified in subsection (g).
(g) Before a public agency can reevaluate a
student, or refuse to reevaluate a student, the public agency must provide the
student's parent with written notice that includes the following:
(1) A statement that the public agency is
proposing or refusing to reevaluate the student that includes a description of
each:
(A) evaluation procedure;
(B) assessment;
(C) record; or
(D) report; the public agency used as a basis
for proposing or refusing to reevaluate the student.
(2) A description of other factors relevant
to the public agency's proposal or refusal to reevaluate the student.
(3) If the public agency:
(A) is proposing to reevaluate the student, a
description of the reevaluation process; or
(B) refuses to reevaluate the student, an
explanation of the parent's right to contest the agency's decision by
requesting:
(i) mediation in
511 IAC 7-45-2;
or
(ii) a due process hearing in
511 IAC
7-45-3.
(4) If a public agency is proposing to
reevaluate the student, the timeline for conducting the reevaluation and
convening the CCC meeting.
(5) A
statement that a parent of a student with a disability has protection under the
procedural safeguards described in
511 IAC
7-37-1, including information regarding how a copy of
the written notice of procedural safeguards can be obtained.
(6) A list of sources for parents to contact
to obtain assistance with understanding the provisions of this
article.
(h) The written
notice required under subsection (g) must be as follows:
(1) Written in language understandable to the
general public.
(2) Provided in the
native language of the parent or other mode of communication used by the
parent, unless it is clearly not feasible to do so. If the native language or
other mode of communication of the parent is not a written language, the public
agency must take steps to ensure that:
(A) the
notice is translated orally or by other means to the parent in his or her
native language or other mode of communication;
(B) the parent understands the content of the
notice; and
(C) there is written
evidence that the requirements in clauses (A) and (B) have been met.
(i) A parent may
challenge the public agency's refusal to reevaluate the student by requesting:
(1) mediation in
511 IAC 7-45-2;
or
(2) a due process hearing in
511 IAC
7-45-3.
(j) If the public agency proposes to
reevaluate the student in the written notice described in subsections (f) and
(g), the parent of the student must provide consent, as defined in
511 IAC
7-32-17, to licensed personnel before the public
agency can reevaluate the student.
(k) If the parent refuses to consent to
reevaluation, the public agency may, but is not required to, pursue
reevaluation by requesting:
(1) mediation in
511 IAC 7-45-2;
or
(2) a due process hearing in
511 IAC
7-45-3.
The public agency does not violate its obligation to reevaluate the student if it declines to request mediation or a due process hearing.
(l)
Parental consent for reevaluation does not need to be obtained if the public
agency makes reasonable efforts to obtain consent and the parent fails to
respond. To document reasonable efforts, the public agency must keep a record
of its attempts to obtain parental consent, including the following:
(1) Detailed records of:
(A) telephone calls made or attempted;
and
(B) the results of the
calls.
(2) Copies of:
(A) correspondence sent to the parent;
and
(B) any responses
received.
(3) Detailed
records of:
(A) visits made to the parent's
home or place of employment; and
(B) the results of those visits.
(m) In considering the
need for reevaluation, the CCC and other qualified professionals, as
appropriate, must do the following:
(1) Review
existing evaluation data on the student, including the following:
(A) Evaluations and information provided by
the parents of the student.
(B)
Current classroom based, local, or state assessments, and classroom based
observations.
(C) Observations of
teachers and related services providers.
(2) On the basis of that review, and input
from the student's parent, identify what additional data, if any, are needed to
determine the following:
(A) Whether the
student continues to have a disability as described in 511 IAC 7-41 and the
special education and related service needs of the student.
(B) The present levels of academic
achievement and functional performance and related developmental needs of the
student.
(C) Whether the student
continues to need special education and related services.
(D) Whether any additions or modifications to
the special education and related services are needed to:
(i) enable the student to meet the measurable
annual goals set out in the student's IEP; and
(ii) participate, as appropriate, in the
general education curriculum.
(n) The review described in subsection (m)
may be conducted without a meeting.
(o) If the CCC and other qualified
professionals, as appropriate, after reviewing existing evaluation data as
described in subsection (m), determine that no additional data are needed to
determine whether the student continues to be eligible for special education
and to determine the student's special education and related service needs, the
public agency must do the following:
(1)
Notify the parent of the following:
(A) The
determination and the reasons for the determination.
(B) The right to request an assessment to
determine the following:
(i) Whether the
student continues to be eligible for special education.
(ii) The student's special education and
related service needs.
(2) Not be required to conduct such an
assessment unless requested to by the student's parent.
(p) If the CCC and other qualified
professionals, as appropriate, after reviewing existing evaluation data as
described in subsection (m), determine that additional data are needed, the
public agency must administer such assessments and other evaluation measures as
may be needed to produce the data identified under subsection (m).
Notes
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