Delaware Administrative Code
Title 14 - Education
900 - Special Populations
925 - Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs
Section 925-5.0 - Additional Requirements for Evaluations and Re-evaluations

Universal Citation: 14 DE Admin Code 925-5.0

Current through Register Vol. 28, No. 3, September 1, 2024

5.1 Review of existing evaluation data: As part of an initial evaluation (if appropriate) and as part of any re-evaluation under these regulations, the IEP team and other qualified professionals, as appropriate, shall review existing evaluation data on the child, including:

5.1.1 Evaluations and information provided by the parents of the child;

5.1.2 Current classroom-based, local, or State assessments, and classroom-based observations; and

5.1.3 Observations by teachers and related services providers; and

5.1.4 On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine:
5.1.4.1 Whether the child is a child with a disability, as defined in 14 DE Admin. Code 922.3.0, and the educational needs of the child; or

5.1.4.2 In case of a re-evaluation of a child, whether the child continues to be a child with a disability, and the educational needs of the child; the present levels of academic achievement and related developmental needs of the child; whether the child needs special education and related services; or

5.1.4.3 In the case of a re-evaluation of a child, 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.

5.2 Conduct of review: The group described in subsection 5.1 may conduct its review without a meeting.

5.3 Source of data: The public agency shall administer such assessments and other evaluation measures as may be needed to produce the data identified under subsection 5.1.

5.4 Requirements if additional data are not needed: 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, and to determine the child's educational needs, the public agency shall notify the child's parents of that determination and the reasons for the determination; and notify the parents of their right 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.

5.4.1 The public agency is not required to conduct the assessment described in subsection 5.4 unless requested to do so by the child's parents.

5.5 Evaluations before change in eligibility: Except as provided in subsection 5.5.1, a public agency shall evaluate a child with a disability in accordance with Sections 4.0 through 6.0 before determining that the child is no longer a child with a disability.

5.5.1 The evaluation described in subsection 5.5 is not required before the termination of a child's eligibility under these regulations due to the child's graduation from secondary school with a regular diploma, or due to the child reaching their 21st birthdate.

5.5.2 For a child whose eligibility terminates under circumstances described in subsection 5.5.1, a public agency shall 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.

(Authority: 20 U.S.C. 1414(c); 14 Del.C. § 3110)

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