La. Admin. Code tit. 28 § CI-1105

Current through Register Vol. 50, No. 9, September 20, 2024

Section CI-1105 - Reevaluation Procedures

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.

La. Admin. Code tit. 28, § CI-1105

Promulgated by the Board of Elementary and Secondary Education, LR 35:917 (May 2009), effective July 1, 2009.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.