A reevaluation of a student receiving special education or related services is conducted if academic achievement and functional performance has improved to warrant a reevaluation, if the IEP* team suspects that the student may no longer be a student with a disability or if the child’s parent or teacher requests a reevaluation. A reevaluation does not occur more than once per year, unless parent and school agree otherwise. A reevaluation must occur at least once every three years.

Students who turn six who met the eligibility requirements for the disability category of “Developmentally Delayed” (DD) under the criteria for ages three to six years need not be reevaluated at age six under the criteria for six to nine years until three years after their initial evaluation was completed.

Students who were previously eligible under the category “Developmentally Delayed” must be reevaluated before age nine to determine eligibility within another category.

As part of any reevaluation, the IEP team members and other professionals the district determines appropriate will review existing data that includes:

• Evaluations and information provided by the parents
• Current classroom-based assessment, local or state assessments and classroom based observations; and
• Observations by other teachers and related services providers data
• Based on this review the team will determine whether any additional data is necessary to determine
• Whether the student continues to be eligible for special education and any necessary related services
• The present levels of performance and educational needs; and
• Whether any additions or modifications to the student’s program are needed

This review can occur with or without a meeting or through individual review. If the IEP team members and any other persons reviewing the data determine that no further testing is necessary, the district will notify the parents of this determination, using written prior notice and will inform parents that they have the right to request assessments if they disagree with the determination that additional testing is not necessary. Parent consent is not required if the reevaluation does not require additional testing.

If additional testing is needed, the district will request written parental consent for reevaluation:

• If the parents do not return the signed consent form, the district shall send another letter explaining the need for reevaluation and parent consent and will enclose another consent form and a copy of the prior written notice
• If the parents do not respond to the request for consent, the district can proceed with the reevaluation
• If the parents refuse to consent to the reevaluation, the evaluation group will notify the special education director/coordinator so that the district can determine whether it will seek mediation in order to obtain consent or request a due process hearing to ask an administrative judge to override the parent’s refusal to consent

After the reevaluation is completed, the district will both invite parents to the eligibility meeting and will provide prior written notice of the results of reevaluation to parents in their primary language, indicating one or more of the following:

• Whether the student continues to be eligible and in need of special education
• Present levels of performance and educational needs of the student; and
• Whether any additions or modifications to the special education and related services are needed to enable the student to meet IEP annual goals and to participate, as appropriate, in the general curriculum
• This notice will occur within ten school days of the eligibility decision. The special education department is responsible for sending the notice

*See the Special Education Terms & Definitions page for more information.

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