Current through Register Vol. 56, No. 6, March 18, 2024
(a) Within three years of the previous classification, a multi-disciplinary reevaluation shall be completed to determine whether the student continues to be a student with a disability. Reevaluation shall be conducted earlier if conditions warrant or if the student's parent or teacher requests the reevaluation. However, a reevaluation shall not be conducted prior to the expiration of one year from the date the parent is provided written notice of the determination with respect to eligibility in the most recent evaluation or reevaluation, unless the parent and district board of education both agree that a reevaluation prior to the expiration of one year as set forth in this subsection is warranted. When a reevaluation is conducted earlier than three years from the previous evaluation as set forth in this subsection, the reevaluation shall be completed in accordance with the timeframes in (e) below.
1. If a parent provides written consent and the district board of education agrees that a reevaluation is unnecessary, the reevaluation may be waived. If a reevaluation is waived, the date of the parent's written consent shall constitute the date upon which the next three-year period for conducting a reevaluation shall commence.
(b) As part of any reevaluation, the IEP team shall determine the nature and scope of the reevaluation according to the following:
1. The IEP team shall review existing evaluation data on the student, including:
i. Evaluations and information provided by the parents;
ii. Current classroom based assessments and observations; and
iii. Observations by teachers and related services providers; and
2. On the basis of that review, and input from the student's parents, the IEP team shall identify what additional data, if any, are needed to determine:
i. Whether the student continues to have a disability according to 6A:14-3.5(c) or 3.6(a);
ii. The present levels of academic achievement and functional performance, and educational and related developmental needs of the student;
iii. Whether the student needs special education and related services, and the student's academic, developmental, functional, and behavioral needs and how they should appropriately be addressed in the student's IEP; and
iv. Whether any additions or modifications to the special education and related services are needed to enable the student with a disability to meet annual goals set out in the IEP and to participate, as appropriate, in the general education curriculum.
3. If the IEP team determines that no additional data are needed to determine whether the student continues to be a student with a disability, the district board of education:
i. Shall provide notice pursuant to N.J.A.C. 6A:14-2.3 to the student's parents of the IEP team's determination and the right of the parents to request an assessment to determine whether the student continues to be a student with a disability; and
ii. Shall not be required to conduct such an assessment unless requested by the student's parents;
4. If additional data are needed, the IEP team shall determine which child study team members and/or specialists shall administer tests and other assessment procedures to make the required determinations in (b)2i through iv above.
(c) Prior to conducting any assessment as part of a reevaluation of a student with a disability, the district board of education shall obtain consent from the parent pursuant to N.J.A.C. 6A:14-2.3.
1. Individual assessments shall be conducted pursuant to N.J.A.C. 6A:14-3.4(f)1 through 5 or (g), as appropriate.
(d) A reevaluation shall be conducted when a change in eligibility is being considered, except that a reevaluation shall not be required before the termination of a student's eligibility under this chapter due to graduation or exceeding age 21.
(e) Unless the parent and district board of education agree to waive a reevaluation, all requirements of this section for performing a reevaluation, as applicable, shall be completed within 60 days of the date the parent provides consent for the assessments to be conducted as part of the reevaluation or by the expiration of the three-year timeframe from completion of the prior evaluation or reevaluation, whichever occurs earlier.
(f) When a reevaluation is completed:
1. A meeting of the student's IEP team according to 6A:14-2.3(k)2 or 3.6(c) shall be conducted to determine whether the student continues to be a student with a disability. A copy of the evaluation report(s) and documentation of the eligibility shall be given to the parent at least 10 days prior to the meeting.
2. If the student remains eligible, an IEP team meeting according to 6A:14-2.3(k)2 or 3.6(d) shall be conducted to review and revise the student's IEP.
(g) By June 30 of a student's last year of eligibility for a program for preschoolers with disabilities, a reevaluation shall be conducted and, if the student continues to be a student with a disability, the student shall be classified according to 6A:14-3.5(c) or 3.6(a).
