Reevaluations

A reevaluation of a student’s eligibility for special education must be conducted if the IEP team determines that the educational or related services needs, including improved academic achievement and functional performance of the child, warrant a reevaluation or if the child’s parents/guardians request a reevaluation.

A reevaluation must occur at least once every three years unless the parents/guardians and the public agency agree that a reevaluation is unnecessary. However, a reevaluation may occur not more than once a year, unless the parents/guardians and the public agency agree otherwise. Also, it must occur before determining a student no longer qualifies for special education and related services.

As part of any reevaluation, the IEP team 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.

On the basis of that review, and input from the child's parents, the IEP team shall identify what additional data, if any, are needed to determine whether the child continues to have a disability and require special education and related services. The results of assessment procedures shall be used by the IEP team in reviewing, and, as appropriate, revising the student's IEP within 90 days of the initial IEP meeting to initiate the reevaluation process.

During the reevaluation process, the IEP team shall identify the educational needs of the child, the present levels of academic achievement and related developmental needs of the child, 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.

MCPS shall administer such assessments and other evaluation measures needed to produce the data necessary to make a determination regarding continued eligibility for special education and related services. If the IEP team determines that no additional data is 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:

• 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 assessments unless requested to do so by the child's parents. All decisions regarding the reevaluation process shall be documented in the PWN and provided to the parent.

Note: Multiple evaluations in one year may be needed, e.g., for a child with a degenerative condition that affects the special education and related services needed or for very young children (ages 3 through 4) who are experiencing rapid development that may affect the need for services. 71 FR 46746.

To meet the requirement that the reevaluation process be conducted in 90 days, the IEP team must begin the reevaluation process at least 90-calendar days prior to the three-year reevaluation due date to complete formal assessments and reconvene to review such assessments and, if the student continues to be eligible, review and revise the IEP. The reevaluation process may be initiated upon parent's/guardian's or school staff members' request prior to the three-year reevaluation, in which case, the reevaluation must still be conducted within 90 days of the date in which the IEP team initiates the reevaluation process.

The parents/guardians must receive a 10-calendar days' notice of the IEP team meeting. The IEP team should account for the unavailability of team members, including the parents/guardians, and should permit enough time for three attempts to convene the IEP meeting to be made when scheduling the IEP team meeting.

During the Reevaluation Planning IEP team meeting, the IEP team:

• reviews existing assessment data, including curriculum-based assessments, state and districtwide assessments, report card data, observation data, parent/guardian reports, functional behavioral assessments, intervention plan data, and reports of formal assessments;

• determines whether additional assessment data are needed to determine whether the student continues to have a disability or has an additional disability;

• determines the educational needs of the student;

• determines present levels of academic achievement and related developmental needs of the student; whether additions or modifications to special education and/or related services are needed to enable the student to meet their measurable annual IEP goals, to participate in the general curriculum; and whether the student continues to need special education and related services;

• identifies formalized assessments to address the identified areas of concern and document the basis for the IEP team’s decisions;

• obtains informed parent/guardian consent for any recommended assessments; and

• schedules the reevaluation IEP team meeting for no later than 90-calendar days from the reevaluation planning IEP team meeting.

Each MCPS assessor will determine the appropriate assessments based upon the concerns noted by the IEP team and their knowledge, experience, and expertise as a certified diagnostician.

School-based IEP teams shall make and document multiple attempts by various modes of communication to obtain parent participation in the reevaluation process. IEP team members shall maintain written documentation of their efforts to obtain consent, such as telephone records, copies of correspondence sent to the parent/guardian and any responses received, or records of visits to the parent/guardians’ home.

An IEP team may proceed in the parents’/guardians’ absence after reasonable attempts to obtain their participation. If the IEP team determines additional assessments are needed, the parent shall be notified and provide PWN of the IEP team's decision and written consent for assessments shall be requested from the parent. The IEP team may not proceed with conducting additional assessments without the written consent of the parents/guardians, except that consent need not be obtained if MCPS can demonstrate that staff has (1) made reasonable efforts to obtain such consent and (2) the parent has failed to respond to requests to provide consent for assessment. If a parent/guardian refuses to provide consent for assessment, MCPS may, but is not required to, pursue the reevaluation by filing for mediation or a due process hearing.

Each MCPS staff member conducting assessments of a student shall—

• Conduct the assessment; and

• Write, date, and sign an assessment report which:

  • • addresses the areas of concern identified in the planning process;

    • explains any deviations from behavioral, cognitive, developmental, educational, or physical milestones;

    • provides instructional implications of the assessment results to enable the student to participate and progress in the general curriculum, or for a preschool child to participate in appropriate activities; and

    • provides any other information useful to the IEP team’s decision-making process.

The assessment report will be maintained in the student's confidential file and electronically on MOIEP..

The results of assessment procedures shall be reviewed by the IEP team within 90 days of the IEP team meeting. The IEP team must provide the parents/guardians with copies of all documents, including all additional data and formal assessments to be reviewed during the IEP team meeting, at least five-business days prior to the scheduling of the IEP team meeting.

During the IEP team meeting, the IEP team shall:

• review any new assessment results;

• determine whether the student continues to have or has one or more of the educational disabilities under IDEA; and

• if so, determine whether the student continues to be eligible for special education by determining whether because of their disability, the student continues to require specialized instruction, and possibly, related services.

If a student is found to continue to be eligible for special education services, the IEP team shall make any necessary revisions to the student’s IEP. Another IEP team meeting may be scheduled to develop the IEP provided the IEP can be completed before the 90-calendar days timeframe elapses. Otherwise, the continued eligibility determination and the revisions to the IEP should be completed at the same meeting.

All decisions of the IEP team and the basis for the decisions must be documented and provided to the parents/guardians in the PWN.

All original documents must be maintained in the student’s confidential file.

IDEA requires that an IEP team must “conduct assessment procedures” before determining that a student is no longer a student with a disability. Maryland law also states that a public agency shall conduct assessment procedures before determining that a student is no longer a student with a disability. Assessment procedures include assessing a student in all areas related to the suspected disabilities, as well as using a variety of assessment tools and strategies to gather sufficient relevant functional, cognitive, developmental, behavioral, academic, physical information, and information provided by the parents/guardians to enable the IEP team to determine if the student continues to be a student with a disability under IDEA. Therefore, updated and complete assessments are required prior to determining that a student is no longer eligible to receive special education services.

Prior to determining that a student no longer qualifies for special education and/or related services under IDEA, the following procedures must be followed:

• The student must have achieved all IEP goals and the parents/guardians must have been notified that such goals have been met;

• Formal assessments in all suspected areas of disabilities must be conducted;

• A single procedure may not be used as the sole criterion for determining that a student is no longer eligible. For example, the information from an educational assessment cannot be the sole basis for dismissal. The decision should be made based upon a variety of resources which may include grades, informal assessments, observations, teacher reports, parents'/guardians' input, performance on statewide assessments, and/or progress on IEP goals.

A reevaluation is not required prior to the end of the student’s eligibility due to graduation from high school with a high school diploma or due to the student exceeding the age of eligibility for FAPE under state law (i.e., the student is over age 21).