Current through September 18, 2024
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) Except as provided in subsection (q), 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 (i).
(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).
(q) The time frame established under
subsection (e) does not apply when a student enrolls in a school of another
public agency after the time frame has begun and prior to completion of the
reevaluation if:
(1) the subsequent public
agency is making sufficient progress to ensure a prompt completion of the
reevaluation; and
(2) the parent
and subsequent public agency agree to a specific time when the reevaluation
will be completed.
