Iowa Admin. Code r. 281-41.305 - Additional requirements for evaluations and reevaluations
(1)
Review of existing evaluation data. As part of an initial
evaluation, if appropriate, and as part of any reevaluation under this chapter,
the IEP team and other qualified professionals, as appropriate, must:
a. Review existing evaluation data on the
child, including:
(1) Evaluations and
information provided by the parents of the child;
(2) Current classroom-based, local, or state
assessments, and classroom-based observations; and
(3) Observations by teachers and related
services providers; and
b. On the basis of that review, and input
from the child's parents, identify what additional data, if any, are needed to
determine:
(1) Whether the child is a child
with a disability, as defined in this chapter, and the educational needs of the
child or, in the case of a reevaluation of a child, whether the child continues
to have such a disability, and the educational needs of the child;
(2) The present levels of academic
achievement and related developmental needs of the child;
(3) Whether the child needs special education
and related services, or in the case of a reevaluation of a child, whether the
child continues to need special education and related services; and
(4) Whether any additions or modifications to
the special education and related services are needed to enable the child to
meet the measurable annual goals set out in the IEP of the child and to
participate, as appropriate, in the general education curriculum.
(2)
Conduct of
review. The group described in subrule 41.305(1) may conduct its
review without a meeting.
(3)
Source of data. The public agency must administer such
assessments and other evaluation measures as may be needed to produce the data
identified under subrule 41.305(1).
(4)
Requirements if additional data
are not needed.
a. If the IEP team
and other qualified professionals, as appropriate, determine that no additional
data are needed to determine whether the child continues to be a child with a
disability or to determine the child's educational needs, the public agency
must notify the child's parents of:
(1) The
determination and the reasons for the determination; and
(2) The right of the parents to request an
assessment to determine whether the child continues to be a child with a
disability and to determine the child's educational needs.
b. The public agency is not required to
conduct the assessment described in subparagraph
41.305(4)"a"(2) unless requested to do so by the child's
parents.
(5)
Evaluations before change in eligibility.
a. Except as provided in paragraph
41.305(5)"b," a public agency must evaluate a child with a
disability in accordance with these rules before determining that the child is
no longer a child with a disability.
b. The evaluation described in paragraph
41.305(5)"a" is not required before the termination of a
child's eligibility under this chapter due to graduation from secondary school
with a regular diploma, or due to exceeding the age eligibility for FAPE under
state law.
c. For a child whose
eligibility terminates under circumstances described in paragraph
41.305(5)"b," a public agency must provide the child with a
summary of the child's academic achievement and functional performance, which
shall include recommendations on how to assist the child in meeting the child's
postsecondary goals.
(6)
At no cost to parent. Evaluations or reevaluations under this
chapter, including any outside consultations or evaluations, shall be at no
cost to the parent. AEAs or LEAs may access a parent's private insurance or
public benefits or insurance, however, provided that a parent gives informed
consent consistent with rule
281-41.9 (256B, 34CFR300) and
subrules 41.154(4) and 41.154(5).
Notes
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