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CHANGES IN INITIAL EVALUATION AND REEVALUATION - Regulations

7. Revise the review of existing data provisions.

As part of an initial evaluation (if appropriate) and as part of any reevaluation under Part 300, the IEP Team and other qualified professionals, as appropriate, must:
  • Review existing evaluation data on the child, including:
    • Evaluations and information provided by the parents of the child;
    • Current classroom based, local, or State assessments, and classroom-based observations; and
    • Observations by teachers and related services providers; and
  • On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine:
    • Whether the child is a child with a disability, as defined in 34 CFR 300.8, and the educational needs of the child; or, in case of a reevaluation of a child, whether the child continues to have such a disability, and the educational needs of the child;
    • The present levels of academic achievement and related developmental needs of the child;
    • Whether the child needs special education and related services; or, in the case of a reevaluation of a child, whether the child continues to need special education and related services; and
    • Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.
[34 CFR 300.305(a)] [20 U.S.C. 1414(c)(1)-(4)]

The group described in 34 CFR 300.305(a) may conduct its review without a meeting.
[34 CFR 300.305(b)] [20 U.S.C. 1414(c)(1)-(4)]

The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under 34 CFR 300.305(a).
[34 CFR 300.305(c)] [20 U.S.C. 1414(c)(1)-(4)]

If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability, and to determine the child’s educational needs, the public agency must notify the child’s parents of:
  • That determination and the reasons for the determination; and
  • The right of the parents to request an assessment to determine whether the child continues to be a child with a disability, and to determine the child’s educational needs.
The public agency is not required to conduct the assessment described in 34 CFR 300.305(d)(1)(ii) unless requested to do so by the child’s parents.
[34 CFR 300.305(d)] [20 U.S.C. 1414(c)(1), (2), (4)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. What are the benefits of conducting this review without a meeting? What are the concerns?


Application Questions

  1. What practices/procedures need to be in place to assist in decision-making about whether a meeting is needed to review existing data?


    These questions were developed by the following stakeholders working together:

    Role: Teacher
    Location: West Virginia

    Role: Service Provider
    Location: Maryland

    Role: Administrator
    Location: Georgia

    Role: Family
    Location: Georgia

    Role: Teacher
    Location: Colorado

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: California

    Role: Teacher
    Location: Florida

    Role: Service Provider
    Location: Kentucky