Reevaluation

1. Exceptional Children Division Reevaluation

2. Reevaluation NC Policies 1500-2.29, 1503-2.4, and 1503-2.6

3. Definition • Reevaluation is the process of examining existing data, and if determined necessary, gathering additional data in order to: • Determine continuing eligibility for special education and related services; • Assure that the continuing individual needs of a student are identified; and • Assure appropriate educational programming (review and/or revision of the IEP).

4. Reevaluation • The public agency must ensure that the timely reevaluation for each child with a disability is conducted in accordance with NC 1503-2.5 through NC 1503-3.5: • If the LEA determines the child's needs, including academic achievement and functional performance, warrant additional evaluation data, OR • If the child's parent or teacher requests additional evaluation data.

5. Reevaluation • Cannot occur more than once a year unless parent and public agency agree otherwise, and • Must occur at least every three years.

6. When is a Reevaluation Required? • Every three years after initial eligibility determination, except for children with developmental delays (DD); • Children identified as having DD must be reevaluated : • Every three years, and • Before turning eight years of age, or Prior to entering third grade (whichever comes first).

7. When is a Reevaluation Required? • When the parent or teacher requests additional data; • Before adding or removing a related service; and • Before exiting a student from special education services, except under three circumstances.

8. Reevaluation Is Not Required Reevaluation is not required when: • The parent revokes consent for the provision of services; • The child graduates from secondary school with a regular diploma; or • The child exceeds the age of eligibility for FAPE (Ages 3 through 21).

9. The How of Reevaluation The IEP Team must review existing data. (The IEP Team determines if existing data are current and relevant.)

10. Reevaluation • On the basis of the review of existing data and with input from the parents, the IEP Team decides what additional data, if any, are needed to determine: • Whether the child continues to have a disability as defined in NC 1500-2.4 and the educational needs of the child; • The present levels of academic achievement and developmental needs of the child;

11. Reevaluation • Whether the child continues to need special education and related services; and • 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.

12. Reevaluation • If additional data are needed: • Parental consent must be obtained (form DEC 2), and • Prior Written Notice (form DEC 5) that documents the public agency's proposal including the reasons and basis for the proposal must be issued to the parents.

13. Parental Consent for Reevaluation • Parent provides consent; proceed with gathering data. • Parent does not respond to request for consent after LEA makes reasonable efforts to obtain consent, proceed with gathering data. • Parent does not give consent: • Do not proceed with gathering data. • LEA may request mediation or file due process to assess child without parental consent.

14. Additional Data Will be Collected The following are needed: • Invitation to Conference • Reevaluation Report (Documentation of the Review of Existing Data) • Parental Consent for Evaluation • Prior Written Notice If using North Carolina forms, these would be: Prior Notice, DEC 7, DEC 2, and DEC 5, respectively.

15. Additional Data Will be Collected The following are needed once all data are collected: • Invitation to Conference • Summary of Evaluation Results • Eligibility Determination • IEP (review/revise or develop and new IEP) • Prior Written Notice If using North Carolina forms, these would be: Prior Notice ; DEC 3 Worksheet(s); DEC 3; DEC 4 and DEC 5, respectively.

16. Reevaluation • If additional data are not needed: • Prior Written Notice documents the public agency's proposal to determine continuing eligibility and the student's educational needs without gathering additional data. • The public agency must inform the parent that he/she has the right to request additional data. • If the parent makes this request, consent to evaluate must be obtained, and the assessments must be conducted.

17. Additional Data Will Not be Collected The following are needed: • Invitation to Conference • Reevaluation Report • Eligibility Determination • IEP (review/revise or develop new IEP) • Prior Written Notice If using North Carolina forms, these would be: Prior Notice; DEC 7; DEC 3; DEC 4; and DEC 5, respectively.

18. Reevaluation • During any reevaluation regardless of purpose, the IEP Team must: • Review the IEP for appropriateness, and • Issue prior written notice to the parents. • After completing the reevaluation process, regardless of purpose, the three-year reevaluation date is reset.

19. The Three Prongs of Continuing Eligibility • The child must continue to meet the eligibility criteria in at least one of the fourteen areas of disability in accordance with the NC Policies; and • The disability must continue to have an adverse effect on educational performance; and • The student must continue to need special education and related services.

20. Special Rules for Eligibility A child must not be determined to be a “child with a disability” if the determinant factor for deciding so is… Lack of appropriate instruction in reading, Lack of appropriate instruction in math, or Limited English proficiency.

21. Reminder: • Educational performance includes academic strengths and needs as well as functional strengths and needs. • Teams must always use multiple sources of data in making eligibility decisions.

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