72-986.Initial evaluation of children prior toprovision of services; parental consent; reevaluation; notice; procedure;duties of IEP team; child no longer eligible for services, duties.(a) (1) An agency shall conduct a full and individual initial evaluation inaccordance with this section before the initial provision of special educationand related services to an exceptional child.
(2) An initial evaluation may be initiated either by the parent ofa child or by an agency.
(3) An initial evaluation shall consist of procedures todetermine whether achild is an exceptional child and the educational needs of such child.
(4) The screening of a student by a teacher or specialist to determineappropriate instructional strategies for curriculum implementation shall not beconsidered to be an evaluation under this act.
(5) An agency proposing to conduct an initial evaluation ofa child shall obtain informed consent from the parent of such child before theevaluation is conducted. Parental consent for evaluation shall not be construedas consent for placement for receipt of special education and related services.
(6) If the parent of a child refuses consent for an initial evaluation of thechild, or fails to respond to a written request to provide consent, the agencymay, but shall not be required to, continue to pursue an initial evaluation byutilizing the mediation or due process procedures prescribed in this act.
(b) An agency shall provide notice to the parents of a child that describesany evaluation procedures such agency proposes to conduct. In conducting theevaluation, the agency shall:
(1) Use a variety of assessment tools and strategies to gather relevantfunctional, developmental and academic information, including informationprovided by the parent, that may assist in determining whether the child is anexceptional child and the content of the child's individualized educationprogram, including information related to enabling the child to be involved,and progress, in the general education curriculum or, for preschool children,to participate in appropriate activities;
(2) not use any single measure or assessment as the sole criterion fordetermining whether a child is an exceptional child or determining anappropriate educational program for the child;
(3) use technically sound instruments that may assess the relativecontribution of cognitive and behavioral factors, in addition to physical ordevelopmental factors; and
(4) in determining whether a child has a specific learning disability, notbe required to take into consideration whether the child has a severediscrepancy between achievement and intellectual ability, and may use a processthat determines if the child responds to scientific, research-basedintervention as part of the child's evaluation.
(c) An agency shall ensure that:
(1) Assessments and other evaluation materials used toassess a child under thissection: (A) Areselected and administered so as not to be discriminatory on a racial orcultural basis; (B) areprovided and administered in the language and form most likely to yieldaccurate information onwhat the child knows and is able to do academically, developmentally andfunctionally, unless it is not feasible to so provide or administer; (C) arevalid and reliable for thespecific purpose for which they are used; (D) areadministered by trained andknowledgeablepersonnel; and (E) are administered in accordance withinstructionsprovided by the producerof such tests;
(2) the child is assessed in all areas of suspectedexceptionality;
(3) assessment tools and strategies that provide relevantinformation thatdirectly assistspersons in determining the educational needs of the child are provided; and
(4) the assessments of any child who transfers from another agency during theschool year are coordinated with the child's prior school, as necessary and asexpeditiously as possible, to ensure prompt completion of an evaluation begunby the prior school.
(e) Upon completion of the administration ofassessments and other evaluationmaterials:
(1) The determination of whether the child is an exceptional child shall bemade by ateam of qualified professionals and the parent of the child in accordance withthis section; and
(2) a copy of the evaluation report and the documentation of determination ofeligibilityshall be given to the parent.
(f) In making a determination of eligibility under this section, a childshall not bedetermined to be an exceptional child if the determinant factor for suchdetermination is lack ofinstruction in reading, including instruction using the essentialcomponents of reading instruction, math or limited English proficiency.
(g) (1) If it is determined that a child is an exceptional child, theagencyshall seek consentfrom the parent of the child to provide special education and related servicesto the child. Nosuch services shall be provided until consent is given by the parent.
(2) If the parent of a child refuses to consent to the provision of services,or fails torespond to a request for consent to services, the agency: (A) Shall notinitiate any procedure orproceeding under this act to gain authority to provide services to the child;
(B) shall not be considered to be in violation of the requirement to providea freeappropriate public education to the child; and
(C) shall not be required to convene an IEP meeting or develop an IEP for thechild.
(h) (1) Each agency shall ensure that a reevaluation of each exceptionalchild isconducted:
(A) If the agency determines that the educational or related services needsof the child,including academic achievement or functional performance, warrant areevaluation; or
(B) if the child's parent or teacher requests a reevaluation.
(2) An agency shall conduct a reevaluation of a child:
(A) Not more frequently than once a year, unless the parent and the agencyagreeotherwise; and
(B) at least once every three years, unless the parent and the agency agreethat areevaluation is unnecessary.
(i) As part of an initial evaluation, if appropriate, and as part of anyreevaluation underthis section, the IEP team and other qualified professionals, as appropriate,shall:
(1) Review existing evaluation data on the child, including evaluations andinformationprovided by the parents of the child, current classroom-based assessments andobservations, andteacher and related services providers' observations; and
(2) on the basis of that review, and input from the child's parents, identifywhatadditional data, if any, are needed to determine: (A) Whether the child is anexceptional child and the educational needs of thechild, or in the case of a reevaluation of a child, whether the childcontinues to be an exceptional child and the current educationalneeds of the child; (B) the present levels of academic and relatedneeds of the child; (C)whether the child needs special education and related services; or in the caseof a reevaluation ofa child, whether the child continues to need special education and relatedservices; and (D)whether any additions or modifications to the special education and relatedservices are needed toenable the child to meet the measurable annual goals set out in the IEP of thechild and toparticipate, as appropriate, in the general education curriculum.
(j) Each agency shall obtain informed parental consentprior to conductinganyreevaluation of an exceptional child, except that such informed consent neednot be obtained ifthe agency can demonstrate that it took reasonable measures to obtain suchconsent and thechild's parent failed to respond.
(k) If the IEP team and other qualified professionals, asappropriate,determine that noadditional data are needed to determine whether the child continues to be anexceptional child and the child's educational needs,the agency:
(1) Shall notify the child's parents of: (A) That determination and thereasons for it; and(B) the rights of such parents to request an assessment to determine whetherthe child continuesto be an exceptional child and the child's educational needs; and
(2) shall not be required to conduct such an assessment unless requested bythe child'sparents.
(l) (1) Except as provided in paragraph (2), an agencyshall reevaluate a child in accordance with this sectionbeforedeterminingthat the child is no longer an exceptional child.
(2) A reevaluation of a child shall not be required before termination ofa child's eligibility for services under this act due to graduation fromsecondary school with a regular diploma, or due to exceeding the age foreligibility for services under this act.
(m) For a child whose eligibility for services under this act terminatesunder either of the circumstances described in subsection (l), the agency shallprovide the child with a summary of the child's academic achievement andfunctional performance, which shall include recommendations on how to assistthe child in meeting the child's postsecondary goals.
History: L. 1999, ch. 116, § 11;L. 2005, ch. 171, § 13; July 1.
72-986.Initial evaluation of children prior toprovision of services; parental consent; reevaluation; notice; procedure;duties of IEP team; child no longer eligible for services, duties.(a) (1) An agency shall conduct a full and individual initial evaluation inaccordance with this section before the initial provision of special educationand related services to an exceptional child.
(2) An initial evaluation may be initiated either by the parent ofa child or by an agency.
(3) An initial evaluation shall consist of procedures todetermine whether achild is an exceptional child and the educational needs of such child.
(4) The screening of a student by a teacher or specialist to determineappropriate instructional strategies for curriculum implementation shall not beconsidered to be an evaluation under this act.
(5) An agency proposing to conduct an initial evaluation ofa child shall obtain informed consent from the parent of such child before theevaluation is conducted. Parental consent for evaluation shall not be construedas consent for placement for receipt of special education and related services.
(6) If the parent of a child refuses consent for an initial evaluation of thechild, or fails to respond to a written request to provide consent, the agencymay, but shall not be required to, continue to pursue an initial evaluation byutilizing the mediation or due process procedures prescribed in this act.
(b) An agency shall provide notice to the parents of a child that describesany evaluation procedures such agency proposes to conduct. In conducting theevaluation, the agency shall:
(1) Use a variety of assessment tools and strategies to gather relevantfunctional, developmental and academic information, including informationprovided by the parent, that may assist in determining whether the child is anexceptional child and the content of the child's individualized educationprogram, including information related to enabling the child to be involved,and progress, in the general education curriculum or, for preschool children,to participate in appropriate activities;
(2) not use any single measure or assessment as the sole criterion fordetermining whether a child is an exceptional child or determining anappropriate educational program for the child;
(3) use technically sound instruments that may assess the relativecontribution of cognitive and behavioral factors, in addition to physical ordevelopmental factors; and
(4) in determining whether a child has a specific learning disability, notbe required to take into consideration whether the child has a severediscrepancy between achievement and intellectual ability, and may use a processthat determines if the child responds to scientific, research-basedintervention as part of the child's evaluation.
(c) An agency shall ensure that:
(1) Assessments and other evaluation materials used toassess a child under thissection: (A) Areselected and administered so as not to be discriminatory on a racial orcultural basis; (B) areprovided and administered in the language and form most likely to yieldaccurate information onwhat the child knows and is able to do academically, developmentally andfunctionally, unless it is not feasible to so provide or administer; (C) arevalid and reliable for thespecific purpose for which they are used; (D) areadministered by trained andknowledgeablepersonnel; and (E) are administered in accordance withinstructionsprovided by the producerof such tests;
(2) the child is assessed in all areas of suspectedexceptionality;
(3) assessment tools and strategies that provide relevantinformation thatdirectly assistspersons in determining the educational needs of the child are provided; and
(4) the assessments of any child who transfers from another agency during theschool year are coordinated with the child's prior school, as necessary and asexpeditiously as possible, to ensure prompt completion of an evaluation begunby the prior school.
(e) Upon completion of the administration ofassessments and other evaluationmaterials:
(1) The determination of whether the child is an exceptional child shall bemade by ateam of qualified professionals and the parent of the child in accordance withthis section; and
(2) a copy of the evaluation report and the documentation of determination ofeligibilityshall be given to the parent.
(f) In making a determination of eligibility under this section, a childshall not bedetermined to be an exceptional child if the determinant factor for suchdetermination is lack ofinstruction in reading, including instruction using the essentialcomponents of reading instruction, math or limited English proficiency.
(g) (1) If it is determined that a child is an exceptional child, theagencyshall seek consentfrom the parent of the child to provide special education and related servicesto the child. Nosuch services shall be provided until consent is given by the parent.
(2) If the parent of a child refuses to consent to the provision of services,or fails torespond to a request for consent to services, the agency: (A) Shall notinitiate any procedure orproceeding under this act to gain authority to provide services to the child;
(B) shall not be considered to be in violation of the requirement to providea freeappropriate public education to the child; and
(C) shall not be required to convene an IEP meeting or develop an IEP for thechild.
(h) (1) Each agency shall ensure that a reevaluation of each exceptionalchild isconducted:
(A) If the agency determines that the educational or related services needsof the child,including academic achievement or functional performance, warrant areevaluation; or
(B) if the child's parent or teacher requests a reevaluation.
(2) An agency shall conduct a reevaluation of a child:
(A) Not more frequently than once a year, unless the parent and the agencyagreeotherwise; and
(B) at least once every three years, unless the parent and the agency agreethat areevaluation is unnecessary.
(i) As part of an initial evaluation, if appropriate, and as part of anyreevaluation underthis section, the IEP team and other qualified professionals, as appropriate,shall:
(1) Review existing evaluation data on the child, including evaluations andinformationprovided by the parents of the child, current classroom-based assessments andobservations, andteacher and related services providers' observations; and
(2) on the basis of that review, and input from the child's parents, identifywhatadditional data, if any, are needed to determine: (A) Whether the child is anexceptional child and the educational needs of thechild, or in the case of a reevaluation of a child, whether the childcontinues to be an exceptional child and the current educationalneeds of the child; (B) the present levels of academic and relatedneeds of the child; (C)whether the child needs special education and related services; or in the caseof a reevaluation ofa child, whether the child continues to need special education and relatedservices; and (D)whether any additions or modifications to the special education and relatedservices are needed toenable the child to meet the measurable annual goals set out in the IEP of thechild and toparticipate, as appropriate, in the general education curriculum.
(j) Each agency shall obtain informed parental consentprior to conductinganyreevaluation of an exceptional child, except that such informed consent neednot be obtained ifthe agency can demonstrate that it took reasonable measures to obtain suchconsent and thechild's parent failed to respond.
(k) If the IEP team and other qualified professionals, asappropriate,determine that noadditional data are needed to determine whether the child continues to be anexceptional child and the child's educational needs,the agency:
(1) Shall notify the child's parents of: (A) That determination and thereasons for it; and(B) the rights of such parents to request an assessment to determine whetherthe child continuesto be an exceptional child and the child's educational needs; and
(2) shall not be required to conduct such an assessment unless requested bythe child'sparents.
(l) (1) Except as provided in paragraph (2), an agencyshall reevaluate a child in accordance with this sectionbeforedeterminingthat the child is no longer an exceptional child.
(2) A reevaluation of a child shall not be required before termination ofa child's eligibility for services under this act due to graduation fromsecondary school with a regular diploma, or due to exceeding the age foreligibility for services under this act.
(m) For a child whose eligibility for services under this act terminatesunder either of the circumstances described in subsection (l), the agency shallprovide the child with a summary of the child's academic achievement andfunctional performance, which shall include recommendations on how to assistthe child in meeting the child's postsecondary goals.
History: L. 1999, ch. 116, § 11;L. 2005, ch. 171, § 13; July 1.
72-986.Initial evaluation of children prior toprovision of services; parental consent; reevaluation; notice; procedure;duties of IEP team; child no longer eligible for services, duties.(a) (1) An agency shall conduct a full and individual initial evaluation inaccordance with this section before the initial provision of special educationand related services to an exceptional child.
(2) An initial evaluation may be initiated either by the parent ofa child or by an agency.
(3) An initial evaluation shall consist of procedures todetermine whether achild is an exceptional child and the educational needs of such child.
(4) The screening of a student by a teacher or specialist to determineappropriate instructional strategies for curriculum implementation shall not beconsidered to be an evaluation under this act.
(5) An agency proposing to conduct an initial evaluation ofa child shall obtain informed consent from the parent of such child before theevaluation is conducted. Parental consent for evaluation shall not be construedas consent for placement for receipt of special education and related services.
(6) If the parent of a child refuses consent for an initial evaluation of thechild, or fails to respond to a written request to provide consent, the agencymay, but shall not be required to, continue to pursue an initial evaluation byutilizing the mediation or due process procedures prescribed in this act.
(b) An agency shall provide notice to the parents of a child that describesany evaluation procedures such agency proposes to conduct. In conducting theevaluation, the agency shall:
(1) Use a variety of assessment tools and strategies to gather relevantfunctional, developmental and academic information, including informationprovided by the parent, that may assist in determining whether the child is anexceptional child and the content of the child's individualized educationprogram, including information related to enabling the child to be involved,and progress, in the general education curriculum or, for preschool children,to participate in appropriate activities;
(2) not use any single measure or assessment as the sole criterion fordetermining whether a child is an exceptional child or determining anappropriate educational program for the child;
(3) use technically sound instruments that may assess the relativecontribution of cognitive and behavioral factors, in addition to physical ordevelopmental factors; and
(4) in determining whether a child has a specific learning disability, notbe required to take into consideration whether the child has a severediscrepancy between achievement and intellectual ability, and may use a processthat determines if the child responds to scientific, research-basedintervention as part of the child's evaluation.
(c) An agency shall ensure that:
(1) Assessments and other evaluation materials used toassess a child under thissection: (A) Areselected and administered so as not to be discriminatory on a racial orcultural basis; (B) areprovided and administered in the language and form most likely to yieldaccurate information onwhat the child knows and is able to do academically, developmentally andfunctionally, unless it is not feasible to so provide or administer; (C) arevalid and reliable for thespecific purpose for which they are used; (D) areadministered by trained andknowledgeablepersonnel; and (E) are administered in accordance withinstructionsprovided by the producerof such tests;
(2) the child is assessed in all areas of suspectedexceptionality;
(3) assessment tools and strategies that provide relevantinformation thatdirectly assistspersons in determining the educational needs of the child are provided; and
(4) the assessments of any child who transfers from another agency during theschool year are coordinated with the child's prior school, as necessary and asexpeditiously as possible, to ensure prompt completion of an evaluation begunby the prior school.
(e) Upon completion of the administration ofassessments and other evaluationmaterials:
(1) The determination of whether the child is an exceptional child shall bemade by ateam of qualified professionals and the parent of the child in accordance withthis section; and
(2) a copy of the evaluation report and the documentation of determination ofeligibilityshall be given to the parent.
(f) In making a determination of eligibility under this section, a childshall not bedetermined to be an exceptional child if the determinant factor for suchdetermination is lack ofinstruction in reading, including instruction using the essentialcomponents of reading instruction, math or limited English proficiency.
(g) (1) If it is determined that a child is an exceptional child, theagencyshall seek consentfrom the parent of the child to provide special education and related servicesto the child. Nosuch services shall be provided until consent is given by the parent.
(2) If the parent of a child refuses to consent to the provision of services,or fails torespond to a request for consent to services, the agency: (A) Shall notinitiate any procedure orproceeding under this act to gain authority to provide services to the child;
(B) shall not be considered to be in violation of the requirement to providea freeappropriate public education to the child; and
(C) shall not be required to convene an IEP meeting or develop an IEP for thechild.
(h) (1) Each agency shall ensure that a reevaluation of each exceptionalchild isconducted:
(A) If the agency determines that the educational or related services needsof the child,including academic achievement or functional performance, warrant areevaluation; or
(B) if the child's parent or teacher requests a reevaluation.
(2) An agency shall conduct a reevaluation of a child:
(A) Not more frequently than once a year, unless the parent and the agencyagreeotherwise; and
(B) at least once every three years, unless the parent and the agency agreethat areevaluation is unnecessary.
(i) As part of an initial evaluation, if appropriate, and as part of anyreevaluation underthis section, the IEP team and other qualified professionals, as appropriate,shall:
(1) Review existing evaluation data on the child, including evaluations andinformationprovided by the parents of the child, current classroom-based assessments andobservations, andteacher and related services providers' observations; and
(2) on the basis of that review, and input from the child's parents, identifywhatadditional data, if any, are needed to determine: (A) Whether the child is anexceptional child and the educational needs of thechild, or in the case of a reevaluation of a child, whether the childcontinues to be an exceptional child and the current educationalneeds of the child; (B) the present levels of academic and relatedneeds of the child; (C)whether the child needs special education and related services; or in the caseof a reevaluation ofa child, whether the child continues to need special education and relatedservices; and (D)whether any additions or modifications to the special education and relatedservices are needed toenable the child to meet the measurable annual goals set out in the IEP of thechild and toparticipate, as appropriate, in the general education curriculum.
(j) Each agency shall obtain informed parental consentprior to conductinganyreevaluation of an exceptional child, except that such informed consent neednot be obtained ifthe agency can demonstrate that it took reasonable measures to obtain suchconsent and thechild's parent failed to respond.
(k) If the IEP team and other qualified professionals, asappropriate,determine that noadditional data are needed to determine whether the child continues to be anexceptional child and the child's educational needs,the agency:
(1) Shall notify the child's parents of: (A) That determination and thereasons for it; and(B) the rights of such parents to request an assessment to determine whetherthe child continuesto be an exceptional child and the child's educational needs; and
(2) shall not be required to conduct such an assessment unless requested bythe child'sparents.
(l) (1) Except as provided in paragraph (2), an agencyshall reevaluate a child in accordance with this sectionbeforedeterminingthat the child is no longer an exceptional child.
(2) A reevaluation of a child shall not be required before termination ofa child's eligibility for services under this act due to graduation fromsecondary school with a regular diploma, or due to exceeding the age foreligibility for services under this act.
(m) For a child whose eligibility for services under this act terminatesunder either of the circumstances described in subsection (l), the agency shallprovide the child with a summary of the child's academic achievement andfunctional performance, which shall include recommendations on how to assistthe child in meeting the child's postsecondary goals.
History: L. 1999, ch. 116, § 11;L. 2005, ch. 171, § 13; July 1.
