REVIEW OF EXISTING EVALUATION DATA

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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) Evaluations 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; and 
    (2) 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 such 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. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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) Evaluations 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; and 
    (2) 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 such 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. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(b) Conduct of review. The group described in paragraph (a) of this section may conduct its review without a meeting. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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) Evaluations 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; and 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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) Evaluations and information provided by the parents of the child; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

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


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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— 
        . . .  
        (iii) Observations by teachers and related services providers; and 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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— 
. . . 
    (2) 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 such 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. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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— 
. . . 
     (2) 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 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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— 
. . . 
     (2) On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine— 
        (i)
. . .  
           (B) In case of a reevaluation of a child, whether the child continues to have such a disability, and the educational needs of the child; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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— 
. . . 
     (2) On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine— 
        . . .   
        (iii)
           (A) Whether the child needs special education and related services; or 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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— 
. . . 
     (2) On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine— 
. . . 
        (iii)
. . .  
           (B) In the case of a reevaluation of a child, whether the child continues to need special education and related services; and 
. . .         


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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— 
. . . 
     (2) On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine— 
. . .  
        (ii) The present levels of academic achievement and related developmental needs of the child;  
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

(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— 
. . . 
     (2) On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine— 
. . .  
        (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. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(c) Source of data. The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under paragraph (a) of this section. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(d) 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. 
    . . .    


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(d) 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 
       . . .  


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(d) 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— 
        . . .  
       (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. 
    . . .    


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(d) Requirements if additional data are not needed. 
     . . . 
    (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. 
. . .   


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009