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<blockquote data-quote="Sheila" data-source="post: 187366" data-attributes="member: 23"><p>Hi Freeda111; glad you decided to join us.</p><p></p><p>Whether services are being increased or decreased, a "change of placement" does require an evaluation.</p><p></p><p>I'm not big on evaluating via "informal means" -- too many things are missed. However, based on a letter from OSEP dated February 6, 2007, the IEP team did an evaluation at the meeting.</p><p></p><p> <em><u><span style="font-family: 'Times New Roman'"><span style="font-size: 12px"><em>Question 3</em></span></span></u>: May a review of extant data alone, with the finding that no additional data are needed, constitute a reevaluation in toto?</em></p><p> </p><p> <span style="font-family: 'Symbol'"><span style="font-size: 12px"><span style="font-family: 'Symbol'">·</span></span></span><u>Response</u>: Yes. Based on the review of existing evaluation data, and input from the childs parents, the IEP Team and other qualified professionals, as appropriate, must determine whether additional data are needed to determine whether the child continues to be a child with 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 continues to need special education; 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. 34 CFR §300.305(a)(2). 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 childs educational needs, the public agency must notify the childs 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 childs educational needs. 34 CFR §300.305(d)(1). Under these circumstances, the public agency is not required to conduct an assessment unless requested to do so by the childs parents. 34 CFR §300.305(d)(2). If the parents do not request an assessment, then the review of existing data may constitute the reevaluation. </p><p> </p><p> You can download the letter from <a href="http://www.ed.gov/policy/speced/guid/idea/letters/2007-1/redacted020607eval1q2007.pdf" target="_blank">http://www.ed.gov/policy/speced/guid/idea/letters/2007-1/redacted020607eval1q2007.pdf</a> .</p><p></p><p>If I were you, I would insist on the IEP being carried out as written pending receipt of the 3-yr full reevaluation. They should be starting the re-evaluation soon. It takes 60 - 90 days to get the evaluation done and reduced to writing, so perhaps this will give you some negotiation room if needed.</p><p></p><p>If you're told that state or school policy requires something different from the OSEP letter, ask of a copy of it.<img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite2" alt=";)" title="Wink ;)" loading="lazy" data-shortname=";)" /></p><p></p><p>Also, just so you know, Federal law supercedes State law and school district "policy."</p></blockquote><p></p>
[QUOTE="Sheila, post: 187366, member: 23"] Hi Freeda111; glad you decided to join us. Whether services are being increased or decreased, a "change of placement" does require an evaluation. I'm not big on evaluating via "informal means" -- too many things are missed. However, based on a letter from OSEP dated February 6, 2007, the IEP team did an evaluation at the meeting. [I][U][FONT=Times New Roman][SIZE=3][I]Question 3[/I][/SIZE][/FONT][/U]: May a review of extant data alone, with the finding that no additional data are needed, constitute a reevaluation in toto?[/I] [FONT=Symbol][SIZE=3][FONT=Symbol]·[/FONT][/SIZE][/FONT][U]Response[/U]: Yes. Based on the review of existing evaluation data, and input from the childs parents, the IEP Team and other qualified professionals, as appropriate, must determine whether additional data are needed to determine whether the child continues to be a child with 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 continues to need special education; 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. 34 CFR §300.305(a)(2). 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 childs educational needs, the public agency must notify the childs 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 childs educational needs. 34 CFR §300.305(d)(1). Under these circumstances, the public agency is not required to conduct an assessment unless requested to do so by the childs parents. 34 CFR §300.305(d)(2). If the parents do not request an assessment, then the review of existing data may constitute the reevaluation. You can download the letter from [URL]http://www.ed.gov/policy/speced/guid/idea/letters/2007-1/redacted020607eval1q2007.pdf[/URL] . If I were you, I would insist on the IEP being carried out as written pending receipt of the 3-yr full reevaluation. They should be starting the re-evaluation soon. It takes 60 - 90 days to get the evaluation done and reduced to writing, so perhaps this will give you some negotiation room if needed. If you're told that state or school policy requires something different from the OSEP letter, ask of a copy of it.:winking: Also, just so you know, Federal law supercedes State law and school district "policy." [/QUOTE]
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