(a) General. A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with Sec. Sec. 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.
Previously, the local educational agencies (LEAs) were required to reevaluate students who received special education and related services every three years. In 2004 the Individuals with Disabilities Education Act (IDEA 2004) was reauthorized and the evaluation provisions in the law were modified. One important change was adding the language that permits the parent of the student and the LEA to agree that a reevaluation of a student with a disability is unnecessary, unless the LEA determines that a change in the student’s educational needs warrant a reevaluation or if the student’s parent or teacher requests a reevaluation.
IDEA 2004 retained the language in the law requiring a review existing evaluation data (REED) on the student as part of an initial evaluation, if appropriate, or as part of a reevaluation. This means, before any evaluation a REED must be completed to help determine which specific evaluations, if any, are needed.
The REED must be conducted by the members of the student’s admission, review and dismissal committee (ARDC) and other qualified professionals. The members review the student’s existing evaluation data to determine the scope of the evaluation or reevaluation. This review process does not have to take place in an ARDC meeting. A review of the student’s existing evaluation data must include the following:
- Previous evaluations
- Evaluations and information provided by the parents
- Teacher information and observations
- Classroom based, local, and state assessments
The committee members must ensure that information obtained from these sources is documented and carefully considered.
Based on the review of existing evaluation data, the group of qualified professionals must determine what additional data, if any, are needed to determine whether the student is a student with a disability and the educational needs of the student, or in the case of a reevaluation of a student, whether the student continues to be a student with a disability and whether the student continues to need special educations services.
What We Do
A review of existing evaluation data (REED) is the process of looking at a student’s existing data to determine if additional data are needed as part of an initial evaluation (if appropriate) or as part of a reevaluation. Specifically, the group conducting the REED must determine whether further assessments are required to determine:
- Whether the student has or continues to have a disability;
- Whether the student's present levels of academic achievement needs and related developmental needs have changed;
- Whether the student needs or continues to need special education and related services; and
- Whether the student needs any additions or modification to the special education and related services to meet the measurable annual goals set out in the individualized education program (IEP) and to participate, as appropriate, in the general education curriculum.
The local education agency (LEA) must ensure that a reevaluation of each student with a disability is conducted when:
- The LEA determines the student’s educational or related services needs, including improved academic achievement and functional performance, warrant a reevaluation;
- The student’s parent or teacher requests a reevaluation; or
- The admission, review and dismissal (ARD) committee is determining that the student is no longer a student with a disability.
A reevaluation may not occur more than once a year unless the parent and the LEA agree otherwise and must occur at least once every three years unless the parent and the LEA agree that a reevaluation is unnecessary.
A REED is conducted by an ARD committee (which must include the parent or the adult student, an administrator, a general education teacher of the student, a special education teacher of the student, assessment personnel) and other members with knowledge of the student, as appropriate.
A REED may be conducted without holding an ARD committee meeting. It is common practice, however, for REEDs to be conducted as part of an ARD committee meeting. This enables the group to review the information together and to document the determinations made by the participants.
The LEA is not required to obtain parental consent before reviewing existing data as part of an initial evaluation or a reevaluation.
A review of the student's existing evaluation data must include the following information:
- The student's evaluations, including independent evaluation conducted by outside agencies, and information provided by the student’s parents or the adult student;
- The student's current classroom-based, local, or state assessments, classroom-based observations, curriculum-based measurements (CBMs), criterion-referenced assessments, Texas Assessment of Knowledge and Skills (TAKS), report cards, discipline reports, attendance records, medical and health records, the most recent full and individual evaluation (FIE), and any other pertinent information; and
- The teacher's and related service provider's observations of the student.
If the group conducting a REED determines that no additional data are needed, the LEA must notify the student’s parent or the adult student of:
- The groups determination and the reasons for the determination and
- The right to request an evaluation to determine whether the student continues to have a disability and to determine the student’s educational needs.
If the parent or the adult student does not request additional evaluation, the LEA is not required to conduct further evaluation, and the REED may constitute the student’s three-year reevaluation. The REED must be presented to the ARD committee by the three-year re-evaluation due date.
If the group conducting a REED determines that additional data are needed, the LEA must:
- Provide the parent or the adult student with prior written notice that describes any assessments that it proposes to conduct;
- Obtain consent from the parent or the adult student before conducting any additional assessments (except that an LEA need not obtain consent to conduct a reevaluation if it can demonstrate that it made reasonable efforts to obtain consent); and
- Administer the assessments and evaluation measures needed to produce the necessary data.
- Evaluation must be completed and new REED/FIE presented to the ARD committee by the three-year re-evaluation due date