Eval Reeval Compressed (1)

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    E valuation

    i n

    IDEA 2004

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    This module looks at ...

    Purposes of evaluationRequesting evaluationParent consentProcess of initial evaluationIDEAs definition of child with a disability

    Eligibility determinationReevaluation

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    Purposes of Initial Evaluation

    To see if the child is a child with a disability,as defined by IDEA

    To gather information that will help determinechilds educational needs

    To guide decision making

    about appropriate educational program for the child

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    Requesting an

    Initial Evaluation

    A parent or a publicagency can ask for aninitial evaluation of achild.

    Public agency must

    obtain parent consent before conducting initialevaluation of the child.

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    Before Any Initial Evaluation

    Public agency must:

    Provide parent with prior written notice

    Provide parent with procedural safeguards

    notice

    Obtain parents informed written consent

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    Parent consent for initial evaluation must not be construed as consent for initial provision of special education and related services.

    Consent is for initial evaluation,nothing more.

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    Parent Consent for Initial Evaluation

    What is the public agencys obligation if:

    Parent does not provide consent for initialevaluation?

    Parent does not respond to a request to provideconsent?

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    Key Points about Initial Evaluation

    Must be conducted within 60 days

    of parental consent for evaluation(or within State-established timeline)

    Must be full and individual

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    Key Points about Initial Evaluation

    Must use a variety of assessment tools and strategies

    Must gather relevant information about the child

    FunctionalDevelopmentalAcademic

    Including what the parents provide

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    Review of Existing Evaluation Data

    As part of an initial evaluation (if appropriate)IEP team and other qualified professionals, asappropriate, must review existing evaluation data onthe child, including:

    Information and evaluations provided by parentsCurrent assessments

    (classroom-based, local, or State)Classroom-based observationsObservations by teachers andrelated services providers

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    Review of Existing Evaluation Data

    On the basis of that review and input from the parents:

    This group identifies what additional data (if any) areneeded to determine:

    If child is a child with a disabilityChilds educational needs Childs present levels of academic achievement and

    related developmental needsWhether child needs special education and relatedservices

    And

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    Review of Existing Evaluation Data

    Whether any additions or modifications to the specialeducation and related services are needed to enable child

    To meet annualgoals in the IEP

    To participate in

    general educationcurriculum (asappropriate)

    Group may conduct its review without a meeting.

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    Review of Existing Evaluation Data

    Is there enough data to provide the info needed?

    No.Yes.

    Public agency mustadminister assessmentsand other measures to

    produce the data needed.

    Public agency mustnotify parents:

    of that determination and thereason for itthat parents have the right torequest an assessment of child

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    Determining the Childs Eligibility

    A group of qualified professionals and theparent determines whether the child is achild with a disability.

    Factors involved in making this determination:

    How IDEA defines child with a disability

    IDEAs special rule for eligibility determination A variety of information sources

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    Determining the Childs Eligibility

    IDEAs Special Rule

    Lack of appropriate instruction in reading Lack of appropriate instruction in math, or

    Limited English proficiency; and

    If the child does not otherwise meet theeligibility criteria at 300.8(a).

    A child must not be determined to be a childwith a disability if the determinant factor fordeciding so is

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    Determining the Childs Eligibility

    Aptitude testsAchievement testsParent inputTeacher recommendations

    Public agency must draw upon informationfrom a variety of sources, including:

    Information about childs: Physical conditionSocial or cultural backgroundAdaptive behavior

    Public agency must ensure that informationobtained from all these sources is documentedand carefully considered.

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    Determining the Childs Eligibility

    IDEA contains Additional Procedures forIdentifying Children with Specific LearningDisabilities.

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    C hild with a Disability

    (a) General. (1) Child with a disability means a child evaluated in accordance with 300.304 through 300.311 as having mental

    retardation, a hearing impairment ( including deafness), a speech or language impairment, a visual impairment(including blindness), a serious emotional disturbance (referred to in this part as emotional disturbance), anorthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability,deafblindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

    (2)(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under 300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section,

    but only needs a related service and not special education, the child is not a child with a disability under this part.

    (ii) If, consistent with 300.39(a)(2), the related service required by the child is considered special educationrather than a related service under State standards, the child would be determined to be a child with a disabilityunder paragraph (a)(1) of this section.

    (b) Children aged three through nine experiencing developmental delays. Child with a disability for children

    aged three through nine (or any subset of that age range, including ages three through five), may, subject to theconditions described in 300.111(b), include a child

    (1) Who is experiencing developmental delays, as defined by the State and as measured by appropriatediagnostic instruments and procedures, in one or more of the following areas: Physical development, cognitivedevelopment, communication development, social or emotional development, or adaptive development; and

    (2) Who, by reason thereof, needs special education and related services.

    How do IDEA and the finalregulations define

    C hild with a Disability ???

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    (1) Child with a disability means a child evaluated inaccordance with 300.304 through 300.311 as having

    and who, by reason thereof , needs special educationand related services.

    autismdeaf-blindnessdeafnessemotional disturbancehearing impairment

    mental retardationmultiple disabilitiesorth opedic impairmentother health impairmentspecific learning disability

    speech or language impairmenttraumatic brain injury or visual impairment (including blindness)

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    Who, by reason thereof

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    +

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    C hild with a Disability

    Children aged3 through 9*

    who areexperiencing

    developmentaldelays

    Under 300.8(b), a State may adopt a definition of child with a disability that includes:

    *(or any subset

    of that age range)

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    D evelopmental Delay?

    physical development cognitive development communication development social or emotional development or adaptive development

    Definition includes that all-important by reason thereof .

    Measured by appropriate diagnostic instrumentsand procedures, in 1 or more of these areas:

    Defined by the State.

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    Sois the child a child with a disability under IDEA?

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    Public agency providesparent with

    a copy of evaluation reportdocumentation of eligibilitydetermination

    at no cost to the parent.

    Upon completion of the administration of assessments and other evaluation measures

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    Reevaluations

    Must occur at least onceevery 3 years Unless parent and publicagency agree a reevaluationis unnecessary

    May occur not more thanonce a year Unless parent and public

    agency agree otherwise

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    What reevaluation shareswith initial evaluation:

    Its purposesPrior written noticeProcedural safeguards notice *Review of existing evaluation

    dataParent consent

    Gathering additionaldata, if neededParent involvement inevaluation groupParent involvement ineligibility determinationFactors involved in

    determining eligibilityReporting to parents

    *Upon parent request for anevaluation

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    Other Evaluation Provisions

    Evaluation is required before determining a child isno longer a child with a disability except

    when the childs eligibilityunder Part B ends because:

    the child graduates fromsecondary school with a regular

    diploma; or

    the child exceeds age eligibilityfor FAPE under State law.

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    Other Evaluation Provisions

    When childs eligibilityunder Part B ends

    Public agency must providechild with

    Summary of childs academicachievement and functional

    performance, including

    Recommendations on how toassist child in meeting his or her

    postsecondary goals

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