Reevaluation Process

Reevaluation Process

An evaluation conducted at any time after an initial evaluation and initial determination of eligibility as a student with a disability is considered a reevaluation. While a reevaluation must meet the same Individuals with Disabilities Education Act (IDEA) requirements as an initial evaluation, a student’s reevaluation need not be identical to the initial evaluation in every respect. In addition, because a reevaluation must be individualized, it must take into account the student’s current needs. Greenville County Schools must ensure that a reevaluation of each student with a disability is conducted if conditions warrant a reevaluation, or if the student's parent or teacher requests a reevaluation, but at least once every three years. Reevaluations may not occur more than once a year, unless the parent and the district agree otherwise. If a parent/guardian/adult student requests a reevaluation, or more than one reevaluation per year and the district disagrees that a reevaluation is needed, the district must provide Prior Written Notice (PWN) to the parent/guardian/adult student that explains, among other things, why the district refuses to conduct the reevaluation and the parent's/guardian's/adult student's right to pursue the reevaluation through the dispute resolution process. A Reevaluation Review must be conducted before the District determines a child is no longer a child with a disability.

The IDEA requires that a reevaluation address the following four issues:

Prior to conducting a reevaluation, the Case Manager will schedule an IEP meeting for the purpose of a Reevaluation Review. In Greenville County Schools, to ensure that the reevaluation is completed in a timely manner, the meeting should be scheduled four months prior to the triennial reevaluation due date. This allows ample time to complete the reevaluation in the event the IEP team determines additional information is needed. Participants invited to the meeting are the required members of the IEP team, including the parent/guardian/adult student; and other relevant members. The IEP team will convene to determine if a reevaluation is needed to meet the needs of the student, and if so, the areas in which further information or data are needed. During the meeting the team will review all existing data available including evaluations and information provided by the parent, guardian, or adult student, current classroom data, local and/or state assessment data, classroom observations by teachers and related services providers. The team will complete the Reevaluation Review and the Eligibility Determination. Following the meeting a PWN will be completed detailing the decisions of the IEP team.

There are several possible outcomes to the Reevaluation Review Meeting four common scenarios are listed below:

  1. After a review of the information, the IEP team determines no additional data is needed and no new eligibility categories are being considered;

  2. After a review of the information, the IEP team determines that additional data is needed to plan an appropriate educational program; or

  3. After a review of the information, no additional data is needed; however, there is new information available to consider eligibility in a new category of disability.

  4. After a review of the information, the team determines the student is no longer eligible for Special Education and will no longer receive Special Education and Related Services.

No Additional Data Needed/No New Eligibility

If the team has determined 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 District must notify the parent/guardian/adult student through Prior Written Notice of that determination, the reasons for it, and the other options that were considered and rejected. Additionally, the parent/guardian/adult student must be informed of their right to request an evaluation. The District is not required to conduct formal assessments unless the parent/guardian/adult student requests the District to do so. If no additional data are needed, the team will complete and sign the Reevaluation Review and the Eligibility Determination. Prior Written Notice will be completed by the Case Manager and sent to the parent/guardian/adult student detailing the decisions made regarding the Reevaluation Review.

Additional Data Needed

If the team determines that additional data are needed regarding whether the child continues to be a child with a disability, to determine the educational needs of the student, to update the present levels of academic achievement and functional performance; or whether any additions or modifications may be needed to address any accommodations or modifications to the special education or related services in the student’s IEP, the Reevaluation Planning document will be completed and signed indicating what additional data will be collected within the evaluation timeline. Prior Written Notice will be provided the the parent/guardian/adult student indicating the proposed/refused actions determined by the team, why the team made the determinations, any options that were considered and why they were rejected, a description of each evaluation procedure, test, record, or report the team used as a basis for the proposed/refused action(s), and any other factors relevant to the team’s proposal(s) or refusal(s). The Consent for Reevaluation will be sent to the parent/guardian/adult student through one of the following methods:

Greenville County Schools must obtain informed consent from the parent, guardian, or adult student prior to conducting any reevaluation (34 CFR § 300.300(c)) The following must be ensured in determining that informed consent has been obtained:

Greenville County Schools must make reasonable attempts to obtain consent for the reevaluation. At least two contacts by two different methods (telephone calls, home visits or visits to place of employment, electronic mail, letters, etc.) should be made. Documentation of all communication attempts to obtain the written Consent for Reevaluation and the results of those attempts should be maintained in the student’s record and documented in the Contact Log in the IEP software program.

If Consent for Reevaluation is obtained, the evaluator will proceed with the reevaluation process following the reevaluation workflow, which mirrors the evaluation process once consent has been obtained to proceed with the reevaluation.

If signed Consent for Reevaluation is not received by the school within 30 calendar days of the date the District sought to obtain consent and after at least two contact attempts using different contact methods, the primary evaluator will send Prior Written Notice (PWN) to the parent/guardian/adult student. The purpose of this PWN is to clearly state that the District proposed a reevaluation and stands ready to evaluate the student, but the parent/guardian/adult student has not responded to the request for Consent to Evaluate. The PWN will also include proposed next steps - including the district's intention to pursue the reevaluation.

If a parent/guardian/adult student refuses to consent to a triennial evaluation under 34 CFR §300.303(b)(2), but requests that the District continue the provision of special education and related services to their child or themselves (adult student), the District has the following options:

  1. The District and the parent/guardian/adult student may agree that the reevaluation is unnecessary. If such an agreement is reached, the triennial evaluation need not be conducted; however, the District must continue to provide FAPE to the child/adult student. (34 CFR §300.303(b)(2))

  2. If the District believes that the reevaluation is necessary, and the parent/guardian/adult student refuses to consent to the reevaluation, the District may, but is not required to, pursue the evaluation by using dispute resolution procedures.

  3. If the District chooses not to pursue the reevaluation by using the dispute resolution procedures and believes, based on a review of existing evaluation data on the child, that the child/adult student does not continue to have a disability or does not continue to need special education and related services, the District may determine that it will not continue the provision of special education and related services to the child/adult student. If the District determines that it will not continue the provision of special education and related services to the child/adult student, the District must provide prior written notice of its proposal to discontinue the provision of a free appropriate public education (FAPE) to the parent/guardian/adult student, including the right of the parent/guardian/adult student to use the mediation procedures or due process procedures if they disagree with the District’s decision to discontinue the provision of FAPE.

If the parent/guardian/adult student fails to respond to the District’s request for Consent for Reevaluation, and the District can demonstrate its efforts at reasonable attempts to obtain consent from the parent/guardian/adult student, informed consent need NOT be obtained for the reevaluation.

The District may pursue the reevaluation by utilizing the dispute resolution procedures, including mediation; however, the District is not required to do so and does not violate its obligation for Child Find or to conduct a reevaluation of the child if it declines to pursue the reevaluation (34 CFR § 300.300(c)(1)).

No Additional Data Needed/NEW Disabilities Being Considered

If the team determines that additional data is not needed, but new disabilities are being considered based on information provided in advance of the meeting by the parent/guardian/adult student, the Case Manager should ensure that all necessary team members are available to discuss, review, and consider the information being shared with the team by the parent/guardian/adult student. If a team member is not able to be physically present in this circumstance, they should participate via conference call, if possible. If the information being provided by the parent meets all the criteria for determining a new category of disability, the team will complete and sign the Reevaluation Planning document, and complete the appropriate Disability Criteria Worksheet(s) and Eligibility Determination. Prior Written Notice should be provided to the parent/guardian/adult student detailing the decisions made at the Reevaluation Meeting.

If, however, the information provided by the parent/guardian/adult student does not meet the criteria for determining a new category of disability, the team may discuss what additional data is needed to determine if the student meets eligibility in another category of disability. If the team determines further data is needed, they should document what is needed through the Reevaluation Planning document, and obtain Consent for Reevaluation. Prior Written Notice should be provided to the parent/guardian/adult student detailing the decisions made at the Reevaluation Meeting.

No Additional Data Needed/No Longer Eligible for Special Education (Staff Out of Special Education)

If the team has determined that no additional data are needed to determine whether the child continues to be a child with a disability and no new disabilities are being considered, the Reevaluation Planning document is completed and signed by the team members. Additionally, the parent/guardian/adult student must be informed of their right to request an evaluation. The team then must consider the following:

If, after team discussion and data review regarding the above considerations, the team determines that the student is no longer eligible for Special Education/Related Services, the team will complete and sign the Eligibility Determination indicating that the student is not eligible for Special Education. Prior Written Notice should be provided to the parent/guardian/adult student detailing the decisions made at the Reevaluation Meeting.

Reevaluation for a Child Identified as Developmentally Delayed

For children aged 3-9 determined eligible in the category of Developmental Delay, a reevaluation must be conducted before the child turns age 10. The purpose of this reevaluation is to determine whether the child continues to be a child with a disability as defined by any of the categorical areas in the IDEA, and whether the child continues to need special education and related services. The reevaluation may occur anytime prior to the child’s 10th birthday.

Circumstances in Which a Reevaluation is not Required

Circumstances in which a reevaluation is not required include the following:

The procedural workflow below, developed by the South Carolina Department of Education, gives an overview of the Reevaluation process.



Previous
Index Table of Contents
Next

Reevaluation Process