3.02 Evaluation and Reevaluation Procedures

3.02.01 Initial Evaluation Procedures

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Each public agency must conduct a full and individual initial evaluation, in accordance with §§ 300.305 and 300.306, before the initial provision of special education and related services to a child with a disability under this part. 34 C.F.R. § 300.301(a).

Consistent with the consent requirements in § 300.300, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. 34 C.F.R. § 300.301(b).

The initial evaluation -

(2) Must consist of procedures -

(i) To determine if the child is a child with a disability under §300.8; and

(ii) To determine the educational needs of the child. 34 C.F.R. § 300.301(c)(2).

The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. 34 C.F.R. § 300.302.

A school district shall conduct a full and individual initial evaluation, according to this part before the initial provision of special education and related services to a pupil under this chapter. The initial evaluation shall consist of procedures to determine whether a child is a pupil with a disability that adversely affects the child's educational performance as defined in Minnesota Statutes, section 125A.02, who by reason thereof needs special education and related services, and to determine the educational needs of the pupil. The district proposing to conduct an initial evaluation to determine if the child qualifies as a pupil with a disability shall obtain an informed consent from the parent of the child before the evaluation is conducted. Parental consent for evaluation shall not be construed as consent for placement for receipt of special education and related services. If the parents of the child refuse consent for the evaluation, the district may continue to pursue an evaluation by utilizing mediation and due process procedures. Minn. R. 3525.2710, subp. 1.

By grade nine or age 14, whichever comes first, the IEP plan shall address the pupil's needs for transition from secondary services to post secondary education and training, employment, and community living.

A. For each pupil, the district shall conduct an evaluation of secondary transition needs and plan appropriate services to meet the pupil's transition needs. The areas of evaluation and planning must be relevant to the pupil's needs and may include work, recreation and leisure, home living, community participation, and postsecondary training and learning opportunities. To appropriately evaluate and plan for a pupil's secondary transition, additional IEP team members may be necessary and may include vocational education staff members and other community agency representatives as appropriate.

B. Secondary transition evaluation results must be documented as part of an evaluation report. Current and secondary transition needs, goals, and instructional and related services to meet the pupil's secondary transition needs must be considered by the team with annual needs, goals, objectives, and services documented on the pupil's IEP. Minn. R. 3525.2900, subp. 4.

3.02.02 Reevaluation Procedures

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A. Results of the Reevaluation

A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with §§ 300.304 through 300.311 -

(1) If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation;

(2) If the child's parent or teacher requests a reevaluation. 34 C.F.R. § 300.303(a).

The district shall administer such tests and other evaluation materials as may be needed to produce the data identified by the IEP team under item A, subitem (2). Minn. R. 3525.2710, subp. 4(C).

B. Parental Consent

Each district shall obtain informed parental consent, in accordance with subpart 1, prior to conducting any reevaluation of a pupil, except that such informed parental consent need not be obtained if the district can demonstrate that it had taken reasonable measures to obtain such consent and the pupil's parent has failed to respond. Minn. R. 3525.2710, subp. 2.

C. Frequency of Reevaluations

A reevaluation conducted under paragraph (a) of this section -

(1) May occur not more than once a year, unless the parents and the public agency agree otherwise; and

(2) Must occur at least once every 3 years, unless the parent and the public agency agree that a reevaluation is unnecessary. 34 C.F.R. § 300.303(b).

A district shall ensure that a reevaluation of each pupil is conducted if conditions warrant a reevaluation or if the pupil's parent or teacher requests a reevaluation, but at least once every three years and in accordance with subparts 3 and 4. Minn. R. 3525.2710, subp. 2.

3.02.03 Use of Existing Data and Additional Data

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A. Review of Existing Evaluation Data

As part of an initial evaluation (if appropriate) and as part of any reevaluation under this part, the IEP Team and other qualified professionals, as appropriate, must -

(1) Review existing evaluation data on the child, including -

(i) Evaluation and information provided by the parents of the child;

(ii) Current classroom-based, local, or State assessments, and classroom-based observations; and

(iii) Observations by teachers and related services providers. 34 C.F.R. § 300.305(a)(1).

As part of an initial evaluation, if appropriate, and as part of any reevaluation under this part, or a reinstatement under part 3525.3100, the IEP team and other qualified professionals, as appropriate, shall:

(1) review existing evaluation data on the pupil, including evaluations and information provided by the parents of the pupil, current classroom-based assessments and observations, and teacher and related services providers observation; Minn. R. 3525.2710, subp. 4(A)(1).

On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine -

(i) (A) Whether the child is a child with a disability, as defined in § 300.8, and the educational needs of the child; or

(B) In case of a reevaluation of a child, whether the child continues to have a disability, and the educational needs of the child;

(ii) The present levels of academic achievement and related developmental needs of the child;

(iii) (A) Whether the child needs special education and related services; or

(B) In the case of a reevaluation of a child, whether the child continues to need special education and related services; and

(iv) 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 C.F.R. § 300.305(a)(2).

(2) on the basis of the review, and input from the pupil's parents, identify what additional data, if any, are needed to determine whether the pupil has a particular category of disability, as described in Minnesota Statutes, section 125A.02, or, in case of a reevaluation of a pupil, whether the pupil continues to have such a disability, the present levels of performance and educational needs of the pupil, whether the pupil needs special education and related services, or in the case of a reevaluation of a pupil, whether the pupil 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 pupil to meet the measurable annual goals set out in the individualized education program of the pupil and to participate, as appropriate, in the general curriculum. Minn. R. 3525.2710, subp. 4(A)(2).

B. Additional Data Required

The public agency must administer such assessments and other evaluation materials as may be needed to produce the data identified under paragraph (a) of this section. 34 C.F.R. § 300.305(c).

C. No Additional Data Required

(1) 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 -

(i) That determination and the reasons for the determination; and

(ii) 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.

(2) The public agency is not required to conduct the assessment described in paragraph (d)(1)(ii) of this section unless requested to do so by the child's parents. 34 C.F.R. § 300.305(d).

D. If the IEP team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the pupil continues to be a pupil with a disability, the district shall notify the pupil's parents of that determination and the reasons for it, and the right of such parents to request an evaluation to determine whether the pupil continues to be a pupil with a disability, and shall not be required to conduct such an evaluation unless requested to by the pupil's parents.

E. A district shall evaluate a pupil in accordance with this part before determining that the pupil is no longer a pupil with a disability. Minn. R. 3525.2710, subp. 4(D)-(E).

As defined in this section, every district must ensure the following:

(4) eligibility and needs of children with a disability are determined by an initial assessment or reassessment, which may be completed using existing data under United States Code, title 20, section 33, et. seq. Minn. Stat. § 125A.08(a)(4).

D. Conduct of Review

The group described in paragraph (a) of this section may conduct its review without a meeting. 34 C.F.R. § 300.305(b).

3.02.04 Parent Involvement

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(a) The parents of a child with a disability must be afforded, in accordance with the procedures of §§300.613 through 300.621, an opportunity to inspect and review all education records with respect to -

(1) The identification, evaluation, and educational placement of the child; and

(b)(1) The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to -

(i) The identification, evaluation, and educational placement of the child; and

(ii) The provision of FAPE to the child. 34 C.F.R. § 300.501(a) & (b)(1).

Upon completion of administration of tests and other evaluation materials, the determination of whether the child is a pupil with a disability as defined in Minnesota Statutes, section 125A.02, shall be made by a team of qualified professionals and the parent of the pupil in accordance with item E, and a copy of the evaluation report and the documentation of determination of eligibility will be given to the parent. Minn. 3525.2710, subp. 3(D).

3.02.05 Evaluation Team

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"Evaluation" or "re-evaluation" means an appropriate individual educational evaluation of a pupil's performance or development conducted by appropriately licensed personnel according to recognized professional standards, parts 3525.2550 and part 3525.2710. Minn. R. 3525.0210, subp. 18.

A. SLD Evaluation Team

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in § 300.8, is made by the child's parents and a team of qualified professionals, which must include -

(a)(1) The child's regular teacher; or

(2) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; or

(3) For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and

(b) At least one personal qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. 34 C.F.R. § 300.308.

(a) The public agency must ensure that the child is observed in the child's learning environment (including the regular classroom setting) to document the child's academic performance and behavior in the areas of difficulty.

(b) The group described in § 300.306(a)(1), in deciding whether a child has a specific learning disability, must decide to -

(1) Use information from an observation in routine classroom instruction and monitoring of the child's performance that was done before the child was referred for an evaluation; or

(2) Have at least one member of the group described in § 300.306(a)(1) conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and parental consent, consistent with § 300.300(a), is obtained.

(c) In the case of a child of less than school age or out of school, a group member must observe the child in an environment appropriate for a child of that age. 34 C.F.R. § 300.310.

B. Secondary Transition

As defined in this section, every district must ensure the following:

(1) all students with disabilities are provided the special instruction and services which are appropriate to their needs. Where the individual education plan team has determined appropriate goals and objectives based on the student's needs, including the extent to which the student can be included in the least restrictive environment, and where there are essentially equivalent and effective instruction, related services, or assistive technology devices available to meet the student's needs, cost to the district may be among the factors considered by the team in choosing how to provide the appropriate services, instruction, or devices that are to be made part of the student's individual education plan. The individual education plan team shall consider and may authorize services covered by medical assistance according to section 256B.0625, subdivision 26. The student's needs and the special education instruction and services to be provided must be agreed upon through the development of an individual education plan. The plan must address the student's need to develop skills to live and work as independently as possible within the community. The individual education plan team must consider positive behavioral interventions, strategies, and supports that address behavior for children with attention deficit disorder or attention deficit hyperactivity disorder. By grade 9 or age 14, the student's individual education plan addresses the student's need for transition from secondary services to post-secondary education and training , employment, community participation, recreation, and leisure and home living. In developing the plan, districts must inform parents of the full range of transition goals and range of services that should be considered. The plan must include a statement of the needed transition services, including a statement of the interagency responsibilities or linkages or both before secondary services are concluded. Minn. Stat. § 125A.08(a)(1).

For each pupil, the district shall conduct an evaluation of secondary transition needs and plan appropriate services to meet the pupil's transition needs. The areas of evaluation and planning must be relevant to the pupil's needs and may include work, recreation and leisure, home living, community participation, and postsecondary training and learning opportunities. To appropriately evaluate and plan for a pupil's secondary transition, additional IEP team members may be necessary and may include vocational education staff members and other community agency representatives as appropriate. Minn. R. 3525.2900, subp. 4(A).

C. Multidisability Team Teaching Model

The team member licensed in a pupil's disability shall be responsible for conducting the pupil's and participating at team meetings when an IEP is developed, reviewed, or revised. Consultation and indirect services as defined in part 3525.0210 must be provided to the general or special education teacher providing instruction if not licensed in the disability. The frequency and amount of time for specific consultation and indirect services shall be determined by the IEP team. Minn. R. 3525.2350, subp. 3.

D. Interagency Services

If at the time of initial referral for an educational assessment, or a reassessment, the school district determines that a child with disabilities who is age 3 through 21 may be eligible for interagency services, the district may request that the county of residence provide a representative to the initial assessment or reassessment team or the first individual education plan team meeting following the assessment or reassessment. The district may request to have a county representative attend other individual education plan team meetings when it is necessary to facilitate coordination between district and county provided services. Upon request from a district, the resident county shall provide a representative to assist the individual education plan team in determining the child's eligibility for existing health, mental health, or other support services administered or provided by the county. The individual education plan team and the county representative must develop an interagency plan of care for an eligible child and the child's family to coordinate services required under the child's individual education plan with county services. The interagency plan of care must include appropriate family information with the consent of the family, a description of how services will be coordinated between the district and county, a description of service coordinator responsibilities and services, and a description of activities for obtaining third-party payment for eligible services, including medical assistance payments. Any state, county, or city government agency responsible for providing services or resources to students with disabilities under this section is subject to the same dispute resolution systems as local school districts, and all such agencies must comply with corrective action requirements that ensue from these systems. Minn. Stat. § 125A.10.

3.02.06 Nondiscriminatory Evaluation Procedures

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Each public agency must ensure that -

(1) Assessments and other evaluation materials used to assess a child under this part -

(ii) Are provided and administered in the child's native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer. 34 C.F.R. § 300.304 (c)(1)(ii).

As defined in this section, every district shall ensure the following:

(6) in accordance with recognized professional standards, testing and evaluation materials and procedures utilized for the purposes of classification and placement of children with a disability are selected and administered so as not to be racially or culturally discriminatory. Minn. Stat. 125A.08(a)(6).

Each district shall ensure that:

(1) tests and other evaluation materials used to evaluate a child under this part are selected and administered so as not to be discriminatory on a racial or cultural basis, and are provided and administered in the pupil's native language or other mode of communication, unless it is clearly not feasible to do so. Minn. R. 3525.2710, subp. 3(C)(1).

3.02.07 Evaluation Materials and Procedures

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A. District to Provide Relevant Evaluation Tools

Each public agency must ensure that -

(c)(7) Assessments tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided. 34 C.F.R. § 300.304(c)(7).

Each district shall ensure that:

(5) evaluation tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the pupil are provided. Minn. R. 3525.2710, subp. 3(C)(5).

B. Evaluation Materials Designed Measure Special Education Needs

Each public agency must ensure that -

(3) Assessments are selected and administered so as best to ensure that, if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure). 34 C.F.R. § 300.304(c)(3).

Each district shall ensure that:

(2) materials and procedures used to evaluate a child with limited English proficiency are selected and administered to ensure that they measure the extent to which the child has a disability and needs special education and related services, rather than measure the child's English language skills. Minn. R. 3525.2710, subp. 3(C)(2).

Each public agency must ensure that -

(c)(2) Assessments and other evaluation materials used include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient. 34 C.F.R. § 300.304(c)(2).

Each district shall ensure that:

(g) tests and other evaluation materials include those tailored to evaluate specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient. Minn. R. 3525.2710, subp. 3(C)(7).

C. Validity and Reliability of Evaluation Materials

Each public agency must ensure that -

(1) Assessments and other evaluation materials used to assess a child under this part -

(iii) Are used for the purposes for which the assessments or measures are valid and reliable. 34 C.F.R. § 300.304(c)(1)(iii).

Each public agency must ensure that -

(c)(1) Assessments and other evaluation materials used to assess a child under this part -

(iv) Are administered by trained and knowledgeable personnel; and

(v) Are administered in accordance with any instructions provided by the producer of the assessments. 34 C.F.R. § 300.304(c)(1)(iv)-(v).

Each district shall ensure that:

(3) any standardized tests that are given to the child have been validated for the specific purpose for which they are used, are administered by trained and knowledgeable personnel, and are administered in accordance with any instructions provided by the producer of such tests. Minn. R. 3525.2710, subp. 3(C)(3).

D. Comprehensive Evaluation

Each public agency must ensure that -

(3) In evaluating each child with a disability under §§ 300.304 through 300.306, the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified. 34 C.F.R. § 300.304(b)(3).

In conducting the evaluation, the public agency must -

(4) Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. 34 C.F.R. § 300.304(c)(4).

In conducting the evaluation, the district shall:

(3) use technically sound instruments that are designed to assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. Minn. R. 3525.2710, subp. 3(B)(3).

Each public agency must ensure that -

(4) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities. 34 C.F.R. § 300.304(c)(4).

Each district shall ensure that:

(4) the child is evaluated in all areas of suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities. Minn. R. 3525.2710, subp. 3 (C)(4).

Each district shall ensure that:

(9) in evaluating each pupil with a disability, the evaluation is sufficiently comprehensive to identify all of the pupil's special education and related services needs, whether or not commonly linked to the disability category in which the pupil has been classified. Minn. R. 3525.2710, subp. 3 (C)(9).

E. Need to Use Multiple Procedures

In conducting the evaluation, the public agency must -

(1) Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining -

(i) Whether the child is a child with a disability under § 300.8; and

(ii) The content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities). 34 C.F.R. § 300.304(b)(1).

In conducting the evaluation, the district shall:

(1) use a variety of evaluation tools and strategies to gather relevant functional and developmental information, including information provided by the parent, that are designed to assist in determining whether the child is a pupil with a disability and the content of the pupil's individualized education program, including information related to enabling the pupil to be involved in and progress in the general curriculum or, for preschool pupils, to participate in appropriate activities. Minn. R. 3525.2710, subp. 3(B)(1).

In conducting the evaluation, the public agency must -

(2) Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child. 34 C.F.R. § 300.304(b)(2).

In conducting the evaluation, the district shall:

(2) not use any single procedure as the sole criterion for determining whether a child is a pupil with a disability or determining an appropriate education program for the pupil. Minn. R. 3525.2710, subp. 3(B)(2).

In interpreting evaluation data for the purpose of determining if a child is a child with a disability under § 300.8, and the educational needs of the child, each public agency must -

(i) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior; and

(ii) Ensure that information obtained from all of these sources is documented and carefully considered. 34 C.F.R. § 300.306(c)(1).

F. Variance from Standard Evaluation Conditions

Each district shall ensure that:

(6) if an evaluation is not conducted under standard conditions, a description of the extent to which it varied from standard conditions must be included in the evaluation report. Minn. R. 3525.2710, subp. 3(C)(6).

G. Use of Assessments Transferred from Other Public Schools

Assessments of children with disabilities who transfer from one public agency to another public agency in the same academic year are coordinated with those children's prior and subsequent schools, as necessary and as expeditiously as possible, consistent with § 300.301(d)(2) and (e), to ensure prompt completion of full evaluations. 34 C.F.R. § 300.304(c)(5).

3.02.08 Braille Skills Inventory

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In developing an individualized education plan for each blind student the presumption must be that proficiency in Braille reading and writing is essential for the student to achieve satisfactory educational progress. The assessment required for each student with blindness must include a Braille skills inventory, including a statement of strengths and deficits. Braille instruction and use are not required by this paragraph if, in the course of developing the student's individualized education program, team members concur that the student's visual impairment does not affect reading and writing performance commensurate with ability. This paragraph does not require the exclusive use of Braille if other special education services are appropriate to the student's educational needs. The provision of other appropriate services does not preclude Braille use or instruction. Instruction in Braille reading and writing must be available for each blind student for whom the multidisciplinary team has determined that reading and writing is appropriate. Minn. Stat. § 125A.06(c).

3.02.09 Secondary Transition Evaluation

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By grade nine or age 14, whichever comes first, the IEP plan shall address the pupil's needs for transition from secondary services to postsecondary education and training, employment, and community living.

3.02.10 Infant and Toddler Evaluation

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(1) Be conducted by personnel trained to utilize appropriate methods and procedures; and

(2) Be based on informed clinical opinion. 34 C.F.R. § 303.322(c)(1)-(2).

A. Health Status and Medical History

(1) Include the following:

(i) A review of pertinent records related to the child's current health status and medical history. 34 C.F.R. § 303.322(c)(3)(i).

B. Levels of Functioning

(3) Include the following:

(ii) An evaluation of the child's level of functioning in each of the following developmental areas:

(A) cognitive development

(B) physical development, including vision and hearing

(D) social or emotional development

(E) adaptive development 34 C.F.R. § 303.322(c)(3)(ii).

C. Unique Needs

(3) Include the following:

(iii) An assessment of the unique needs of the child in terms of each of the developmental areas in paragraph (c)(3)(ii) of this section, including the identification of services appropriate to meet those needs. 34 C.F.R. § 303.322(c)(3)(iii).

D. Family Evaluation

(1) Family assessments under this part must be family-directed and designed to determine the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of the child.

(2) Any assessment that is conducted must be voluntary on the part of the family. If an assessment of the family is carried out, the assessment must-

(i) Be conducted by personnel trained to utilize appropriate methods and procedures;

(ii) Be based on information provided by the family through a personal interview; and

(iii) Incorporate the family's description of its resources, priorities, and concerns related to enhancing the child's development. 34 C.F.R. § 303.322(d).

E. Nondiscriminatory Procedures

Each lead agency shall adopt nondiscriminatory evaluation and assessment procedures. The procedures must provide that public agencies responsible for the evaluation and assessment of children and families under this part shall ensure, at a minimum, that -

(a) tests and other evaluation materials and procedures are administered in the native language of the parents or other mode of communication, unless it is clearly not feasible to do so;

(b) any assessment and evaluation procedures and materials that are used are selected and administered so as not to be racially or culturally discriminatory;

(d) evaluations and assessments are conducted by qualified personnel. 34 C.F.R. § 303.323.

3.02.11 Evaluation Report

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A. General Requirements

In interpreting evaluation data for the purpose of determining if a child is a child with a disability under §300.8, and the educational needs of the child, each public agency must -

(ii) Ensure that information obtained from all of these sources is documented and carefully considered. 34 C.F.R. § 300.306(c)(1).

B. Secondary

An evaluation report must be completed and delivered to the pupil's parents within the specified evaluation timeline. At a minimum, the evaluation report must include:

A. a summary of all evaluation results;

B. documentation of whether the pupil has a particular category of disability or, in the case of a reevaluation, whether the pupil continues to have such a disability;

C. the pupil's present levels of performance and educational needs that derive from the disability;

D. whether the child needs special education and related services or, in the case of a reevaluation, whether the pupil continues to need special education and related services; and

E. whether any additions or modifications to the special education and related services are needed to enable the pupil to meet the measurable annual goals set out in the pupil's IEP and to participate, as appropriate, in the general curriculum. Minn. R. 3525.2710, subp. 6.

C. Secondary Transition

Secondary transition evaluation results must be documented as a part of the evaluation report. Current and secondary transition needs, goals, and instructional and related services to meet the pupil's secondary transition needs must be considered by the team with annual needs, goals, objectives, and services documented on the pupil's IEP. Minn. R. 3525.2900, subp. 4(B).

3.02.12 Miscellaneous Evaluation Provisions

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Each State that receives assistance under Part B of the Act, and the Secretary of the Interior, must provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the LEAs of the State with respect to -

(1) The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment described in section 602(3) of the Act;

(2) The placement in particular educational settings of these children; and

(3) The incidence, duration, and type of disciplinary actions, including suspensions and expulsions. 34 C.F.R. § 300.646(a).

In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of these children, in accordance with paragraph (a) of this section, the State or the Secretary of the Interior must -

(1) Provide for the review and, if appropriate revision of the policies, procedures, and practices used in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of the Act.

(2) Require any LEA identified under paragraph (a) of this section to reserve the maximum amount of funds under section 613(f) of the Act to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly, but not exclusively, children in those groups that were significantly overidentified under paragraph (a) of this section; and

(3) Require the LEA to publicly report on the revision of policies, practices, and procedures described under paragraph (b)(1) of this section. 34 C.F.R. § 300.646(b).

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