Current through Register Vol. 50, No. 9, September 20, 2024
A. When a
reevaluation is conducted, an appropriate evaluation coordinator will be
assigned. The evaluation coordinator or other designated personnel will notify
parents, teachers, related service personnel, an official designee of the LEA,
and other appropriate personnel of the purpose of the upcoming reevaluation;
and will ensure that procedures below are followed:
1. obtain informed parental consent (See
Parental Consent);
2. review
evaluations and information provided by the parents of the student;
3. review information provided by the
student, when appropriate;
4.
review educational history, including all previous evaluation
reports;
5. review progress
monitoring data provided by the teacher(s) and related service providers to
determine the student's involvement and progress in the general education
curriculum;
6. review or conduct a
functional behavioral assessment, if behavior is a concern;
7. review data based on observations
conducted by teachers and related service providers;
8. complete any reevaluation requirements for
the specific disabilities noted in
§1101. C.1 b;
and
9. review transitional needs as
part of all reevaluations occurring after the student's fifteenth
birthday.
B. On the
basis of this review and input from the student's parents, identify what
additional data, if any, are needed to determine:
1. whether the student continues to have the
same exceptionality and the educational needs of the student;
2. the present levels of academic achievement
and related developmental needs of the student;
3. whether the student continues to need
special education and related services; and
4. whether any additions or modifications to
the special education and related services are needed to enable the student to
meet the measurable annual goals set out in the student's IEP and to
participate, as appropriate, in the general education curriculum.
C. This review may be conducted
without a meeting.
D. The LEA shall
administer such assessments and other evaluation measures as may be needed to
produce the data identified under Subsection A of this Section.
E. Based on the review described in
Subsections A and B above, when it is determined that no additional data are
needed to determine whether the student continues to be a student with an
exceptionality and to determine the student's educational needs, the LEA shall
notify the parent of:
1. this determination
and the reasons for the determination; and
2. the right of the parents to request an
assessment to determine whether the student continues to be a student with an
exceptionality, and to determine the student's educational needs;
3. the LEA is not required to conduct the
assessment described in Paragraph E.2 of this Section unless requested to do so
by the student's parents;
4. this
notification of the determination and the reasons for the determination
provides documentation that a reevaluation occurred.
F. Based on the review described in
Subsections A and B above, when it is determined that additional data are
needed or when there are new concerns regarding the student's progress toward
meeting the measurable annual goals, the procedures described below shall be
followed.
1. When a different exceptionality
is suspected, initial criteria and procedures for the suspected exceptionality
shall be followed. Scientifically research-based interventions shall be
conducted by the special education provider or teacher in collaboration with
pupil appraisal personnel.
2. When
additional data are needed, the evaluation coordinator shall ensure that all
required procedures are followed.
G. To document the findings in Subsection F
above, the reevaluation report shall include at a minimum the following
procedures:
1. the reason for the need to
conduct this reevaluation;
2.
documentation of the procedures required in Paragraphs A.1 - 9;
3. if there were new concerns, documentation
of scientifically research-based interventions and any additional data that
addressed the concerns;
4. if a new
exceptionality was suspected, documentation of additional assessments and a
summary of findings;
5.
documentation of a systematic observation in the environments in which the
student is receiving services;
6.
documentation of conclusions of the reevaluation including the exceptionality,
impairment or condition, and the determinations required in Subsection B
above;
7. documentation of
reevaluation participants and an explanation of all extensions, including
documentation of parental approval, when necessary;
8. documentation of the parents'
participation in the determination decision of the new exceptionality, when
appropriate;
9. signatures of the
team whose conclusions are accurately reflected in the report:
a. if a participating team member disagrees
with the conclusion(s) in the report, that person may submit a separate signed
dissenting opinion stating the disagreement, giving supporting data and
conclusion(s);
10.
results of the reevaluation documented and disseminated to the supervisor of
special education or designee, parent(s), and school.
H. Timeline Extensions
1. Parentally Approved Extension. If the LEA
is making sufficient progress to ensure a prompt completion of the reevaluation
but needs extended time to assess the student in all areas of the
exceptionality, the parent and the LEA may agree to a specific time when the
evaluation will be completed.
2.
Extensions may be taken on triennial reevaluation provided that the
reevaluation is completed on or prior to the three year anniversary
date.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:1941 et
seq.
