Macon County Schools

PROCESS CHART 2 REEVALUATION TO DETERMINE CONTINUED ELIGIBILITY

Things to Remember When Going Through This Process

REMEMBER:

1.      A reevaluation of a student must occur at least once every three years unless the parent or student (age 19 and older) and the public agency agree that a reevaluation is not necessary. To determine the three year due date, use the signature date on the Notice and Eligibility Decision Regarding Special Education Services or the signature date on the Notice of IEP Team’s Decision Regarding Reevaluation if no additional data was needed and the student remained eligible in the SAME disability area and a new eligibility report was not developed. SES strongly encourages the completion of a new eligibility report each time eligibility is determined.

2.      The two attempts documented on the Notice of Proposed Meeting/Consent for Agency Participation cannot be used as the two attempts to obtain Notice and Consent for Reevaluation.

3.      If the parent or student (age 19 and older) fails to respond to a request to provide consent for the reevaluation, the public agency may proceed with the evaluation as long as it has made two documented attempts.

4.      If the parent or student (age 19 and older) refuses to provide consent for the reevaluation, the IEP Team has three options:  

• The IEP Team may request that the parent or student (age 19 and older) participate in a conference to discuss his/her decision.
• The IEP Team may reconsider whether or not the additional evaluative data are absolutely necessary in order to make a decision regarding continued eligibility.
• The public agency may ask for mediation from the SDE or the public agency may initiate a due process hearing in order to have an impartial hearing officer to order a reevaluation to be administered over the parent’s or student’s (age 19 and older) objection but is not required to do so. The public agency does not violate its child find or evaluation obligations if it declines to pursue the evaluation.

** Note: If a parent of a child who is home schooled or placed in a private school by the parent at their own expense does not provide consent for the reevaluation, or the parent fails to respond to a request to provide consent, the public agency may not use the mediation and/or due process override procedures; and the public agency is not required to consider the child as eligible for services.

5.      A new eligibility report must be developed anytime additional data are requested, anytime a student’s disability area changes and anytime the student is determined ineligible.