Kan. Admin. Regs. § 91-40-8 - Evaluations
(a) Each agency
shall ensure that a full and individual evaluation is conducted for each child
being considered for special education and related services. Each evaluation
shall include procedures to determine the following:
(1) Whether the child is an exceptional
child; and
(2) what the
educational needs of the child are.
(b) In implementing the requirements of
subsection (a), the agency shall ensure that the following conditions are met:
(1) The evaluation is conducted in accordance
with the procedures described in K.A.R. 91-40-9 and, if applicable, K.A.R.
91-40-11.
(2) The results of the
evaluation are used by the child's IEP team to develop the child's IEP.
(3) The evaluation is conducted
before the initial provision of special education and related services to the
child.
(c) As a part of
an initial evaluation, if appropriate, and as a part of any reevaluation, each
agency shall ensure that members of an appropriate IEP team for the child and
other qualified professionals, as appropriate, comply with the following
requirements:
(1) The evaluation team shall
review existing evaluation data on the child, including the following
information:
(A) Evaluations and information
provided by the parent or parents of the child;
(B) current classroom-based, local, and state
assessments and classroom-based observations; and
(C) observations by teachers and related
services providers.
(2)
On the basis of that review and input from the child's parent or parents, the
evaluation team shall identify what additional data, if any, is needed to
determine the following matters:
(A) Whether
the child has a particular category of exceptionality or, in the case of a
reevaluation of a child, whether the child continues to have such an
exceptionality;
(B) what the
present levels of academic achievement and educational and related
developmental needs of the child are;
(C) 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
(D) whether, in the case of a reevaluation of
the child, any additions or modifications to the special education and related
services currently being provided to the child 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.
(d) The team described
in subsection (c) may conduct its review without a meeting.
(e)
(1) If
the team described in subsection (c) determines that additional data is
required to make any of the determinations specified in paragraph (2) of
subsection (c), the agency, after giving proper written notice to the parent
and obtaining parental consent, shall administer those tests and evaluations
that are appropriate to produce the needed data.
(2) If the team described in subsection (c)
determines that no additional data is needed to make any of the determinations
specified in paragraph (2) of subsection (c), the agency shall give written
notice to the child's parent of the following information:
(A) The determination that no additional data
is needed and the reasons for this determination; and
(B) the right of the parent to request an
assessment.
(3) The
agency shall not be required to conduct any additional assessments unless
requested to do so by a parent.
(f) Unless an agency has obtained written
parental consent to an extension of time and except as otherwise provided in
subsection (g), the agency shall complete the following activities within 60
school days of the date the agency receives written parental consent for
evaluation of a child:
(1) Conduct the
evaluation of the child;
(2)
conduct a meeting to determine whether the child is an exceptional child and,
if so, to develop an IEP for the child. The agency shall give notice of this
meeting to the child's parent or parents as required by K.A.R. 91-40-17(a) ; and
(3) implement the child's IEP in
accordance with K.A.R. 91-40-16.
(g) An agency shall not be subject to the
time frame prescribed in subsection (f) if either of the following conditions
is met:
(1) The parent or parents of the
child who is to be evaluated repeatedly fail or refuse to produce the child for
the evaluation.
(2) The child
enrolls in a different school before the evaluation is completed, and the
parent and new school agree to a specific date by which the evaluation will be
completed.
(h) In
complying with subsection (f), each agency shall ensure that an IEP is
developed for each exceptional child within 30 days from the date on which the
child is determined to need special education and related services.
Notes
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