Region 4 Education Service Center Reevaluations: From REED to Evaluation

Texas Educational Diagnosticians Association Conference Galveston, Texas

May 1, 2015

Objectives Review regulations related to reevaluations, including timeframe, consent,

and exit evaluations Identify the process of a comprehensive reevaluation Determine BEST PRACTICEs of a compliant reevaluation

Meeting Guidelines Participate Actively Listen Attentively

Take Care of Yourself

Maintain Confidentiality

Give Yourself Permission to Be Here

Support Other’s Learning

Silence Personal Devices

Topic Notes Welcome and Introductions

What is a REEVALUATION? §34 CFR 300.303 Reevaluations (a) General. 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; or (2) If the child's parent or teacher requests a reevaluation. (b) Limitation. A reevaluation conducted under paragraph (a) of this section— (1) May occur not more than once a year, unless the parent 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.

What is the difference between a Review of Existing Evaluation Data and a Reevaluation?

Review of existing evaluation data As part of any reevaluation, 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 Other existing data that teams should consider • Current IEP – progress on goals/objectives, use (or lack thereof) of

accommodations, interventions, assistive technology • Performance on universal screeners • Medical records • Attendance • Discipline reports • Information from the student – particularly when considering transition

§34 CFR 300.305 Additional requirements for evaluations and reevaluations

Determination of Needed Evaluation Data On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine— • 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 • 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

The four questions the REED should answer: 1. Are additional data needed to determine whether the student is a student with

a disability or continues to have such a disability? 2. Are additional data needed to determine whether the student needs or

continues to need special education and related services as a result of such a disability?

3. Are additional data needed to determine the present levels of academic achievement and related developmental needs of the student?

4. Are additional data needed to determine whether the student needs additions or modifications to the special education and related services to enable the student to meet measurable annual goals and to be able to participate, as appropriate, in the general education curriculum?

§34 CFR 300.305 Additional requirements for evaluations and reevaluations

Additional data not needed Requirements if additional data are not needed (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. • Waivers of additional data should be few and far between. Remember . . . A reevaluation does not just establish eligibility – A reevaluation helps the ARD committee to determine the education needs of the student, including PLAAFPs, accommodations, modifications to special education and related services, measureable annual goals, and access to the general education curriculum • Need written statement of agreement to waive the reevaluation between LEA

and parent.

§34 CFR 300.305 Additional requirements for evaluations and reevaluations

Additional data are needed What do we do now? • Provide the parent or adult student with prior written notice that describes any

assessment that is proposed. • Obtain consent before any additional assessments are conducted. • Administer the assessments and evaluation measures requested.

Obtain consent for evaluation Parental consent (c) Parental consent for reevaluations

§34 CFR 300.300 Parental consent

(i) Must obtain informed parental consent, in accordance with §300.300(a)(1), prior to conducting any reevaluation of a child with a disability. Parental consent is not required before—

– Reviewing existing data as part of an evaluation or a reevaluation, or – Administering a test or other evaluation that is administered to all

children unless, before administration of that test or evaluation, consent is required of parents of all children.

What if the parent fails to respond or refuses to give consent for evaluation? Students enrolled in public school The public agency may, but is not required to, pursue the reevaluation by using the consent override procedures and the public agency does not violate its obligation if it declines to pursue the evaluation or reevaluation. To meet the reasonable efforts requirement, the public agency must document its attempts to obtain parental consent using the same procedures as in conducting an IEP Team meeting without a parent in attendance. Students enrolled in private school or homeschooled at parent expense The public agency may not use the consent override procedures and the public agency is not required to consider the child as eligible for services.

§34 CFR 300.300 (c) Parental consent

Are there other issues or concerns with obtaining consent? Students of divorced parents ~ Consider the custody order . . . Sole custody? Joint custody? Other? Parental conditions on consent ~ Parents may not dictate the specific manner in which an evaluation and/or reevaluation is conducted. This includes:

• Specific evaluator • Specific instrument(s) used/not used

Evaluation and assessment The multidisciplinary team must ~ Use a variety of assessment tools and strategies to gather relevant functional,

developmental, and academic information about the child, Not use any single measure or assessment as the sole criterion Use technically sound instruments that are tailored to assess specific areas of

educational need Address 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,

Develop an evaluation plan that is 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.

Also . . . Assessments and other evaluation materials used to assess a child under this part— Are selected and administered so as not to be discriminatory on a racial or

cultural basis; 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 provide or administer;

Are used for the purposes for which the assessments or measures are valid and reliable;

Are administered by trained and knowledgeable personnel; and Are administered in accordance with any instructions provided by the producer

of the assessments.

§34 CFR 300.304 Evaluation procedures

Written report While a reevaluation must meet the same requirements as an initial evaluation, a student’s reevaluation does not need to be identical to the initial evaluation in every aspect. Areas of the FIE that should be considered:

– Language/Communication – Physical/Motor – Sociological – Emotional/Behavioral – Intellectual/Cognitive & Adaptive Behavior – Academic Achievement – Related Services

However the following, if included in the initial evaluation, are not required to be repeated: • Historical/background information • Previous educational history

Disability and eligibility determination (a) General. Upon completion of the administration of assessments and other evaluation measures— (1) A group of qualified professionals and the parent of the child determines whether the child is a child with a disability, as defined in §300.8, in accordance with paragraph (c) of this section and the educational needs of the child; and (b) Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part— (1) If the determinant factor for that determination is— (i) Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA); (ii) Lack of appropriate instruction in math; or (iii) Limited English proficiency; and (2) If the child does not otherwise meet the eligibility criteria under §300.8(a). (c) Procedures for determining eligibility and educational need. (1) 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. (2) If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with §§300.320 through 300.324.

§34 CFR 300.306 Determination of eligibility

Revise IEP . . . Or DISMISS If it is determined that the child continues to have a disability and needs special education and related services, an IEP must be developed (or revised as appropriate) for the child. OR The child is dismissed from special education if the evaluation determines that the child is no longer a child with a disability and does not need special education and/or related services.

§34 CFR 300.320 Definition of individualized education program.

Reevaluations are required . . . • When a substantial change in the student’s academic performance or disabling

condition occurs.

• Prior to determining that a child is no longer a child with a disability §34 CFR 300.305 Additional requirements for evaluations and reevaluations (e) Evaluations before change in eligibility (1) Except as provided in paragraph (e)(2) of this section, a public agency must evaluate a child with a disability in accordance with §300.304 through 300.311 before determining that the child is no longer a child with a disability. Generally . . . when there is a change of placement if the new placement is a more restrictive placement.

Best Practices . . . Don’t Forget ~ • Consider postsecondary goals and accommodations • Include ALL team members’ input into the decision to waive or reevaluate • Consider new diagnoses and/or disabilities • Include teacher and parent information in the review of existing data • Keep focus on LRE • When in doubt . . . Evaluate!

Reevaluation Timeline Tips • Track upcoming three year reevaluation deadlines • Gather the data that you need prior to REED • Monitor student progress • Allow time for parent decisions • Allow time for parent consent

Thank You!!!