Current through Register Vol. 50, No. 9, September 20, 2024
A. A
reevaluation of each student with an exceptionality must be conducted when one
of the following events occurs:
1. when the
LEA determines that the educational or related services needs, including
improved academic achievement and functional performance of the student,
warrant a reevaluation;
2. when the
student's teacher or parent requests a reevaluation;
3. when a significant change in placement is
proposed, which means moving the student to a more restrictive environment
where the student will be in the regular class less than 40 percent of the day
or, for a child age four through five, in the regular early childhood program
less than 40 percent of the time; or
4. when a student is no longer suspected of
having an exceptionality. This includes students having the single
exceptionality of speech and language impairment.
B. The reevaluation described in Subsection A
above is not required before the termination of a student's eligibility for
special education and related services due to graduation from high school with
a regular high school diploma, or due to exceeding the age eligibility for FAPE
under state law.
C. A reevaluation:
1. must occur at least once every three
years, unless the parent and the LEA agree that a reevaluation is unnecessary:
a. a triennial evaluation may be necessary if
there are not adequate data to determine whether any additions or modifications
to the special education and related services are needed to enable the student
to meet the measureable annual goals in the IEP and to participate, as
appropriate, in the general education curriculum;
b. a triennial evaluation may be necessary
for students with developmental delays, deafness and/or a hearing loss,
traumatic brain injury, or visual impairments. Refer to the specific
disabilities in Chapter 7 for further guidance;
c. for students whose only exceptionality is
gifted or talented, the reevaluation may be accomplished through the IEP
process at the time of the IEP review meeting. Informed parental consent for
the reevaluation must be sent to parents prior to the IEP review meeting in
which the reevaluation will be conducted. If no concerns are evident with the
student's current program, no evaluation report is required. This discussion
will be documented on the IEP form, and a copy of the IEP form will be
forwarded to pupil appraisal personnel;
2. may not occur more than once a year,
unless the parent and the LEA agree otherwise.
D. An LEA is not required to conduct a
reevaluation of an exceptional student who transfers with a current evaluation
into its jurisdiction from another jurisdiction in Louisiana. Should the
receiving LEA question the accuracy or the appropriateness of the student's
classification, a reevaluation may be initiated after an IEP has been developed
and the student is receiving special education and related services.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:1941 et
seq.
