Change
in Eligibility
IEP Process Guide, by Massachusetts
Department of Education, (June 2001)
page 11:
(ED
1) The Team reconsiders eligibility when a student is reevaluated.
When
a student is referred for a reevaluation, the school district, under
Federal regulation, should first review existing evaluation data. If no
additional information is needed to determine whether the student
continues to be eligible, the school district may request that a parent
waive particular types of assessment(s). The parent may either consent
to waive the assessment(s) or may choose to have the assessment
completed regardless of the recommendation for waiver.
Note:
if the district suspects that the student may no longer require special
education services, then a reevaluation must occur since no decision to
remove eligibility can occur without current and complete evaluation
information, though no such evaluation is required before a student
graduates from high school.
At the reevaluation Team meeting, the Team after determining the
existence of a disability(ies) must decide whether the student would
continue to make progress in school without the continued
provision of special education services. A student’s progress should not
be judged solely on the completion of IEP goals or report card grades.
Federal regs, IDEA, Under Determination
of eligibilty,
requires that the student be evaluated before determining that the
child is no longer eligiblity.
Sec. 300.534(c)(1):
A public agency must evaluate a child
with a disability in accordance with §§300.532 and 300.533
before determining that the child is no longer a child with a
disability.
FEDERAL LAW,
Section 614 of the Individuals with
Disabilities Education Act, IDEA (20 U.S.C. 1414) reads as follows:
SEC.
614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION
PROGRAMS, AND EDUCATIONAL PLACEMENTS.
(a) EVALUATIONS AND REEVALUATIONS-
(c)
ADDITIONAL REQUIREMENTS FOR EVALUATION AND REEVALUATIONS
(5)
EVALUATIONS BEFORE CHANGE IN ELIGIBILITY- A local educational agency shall
evaluate a child with a disability in accordance with this section before
determining that the child is no longer a child with a disability.
(For
more information about laws and regulations regarding evaluation
requirements, please view our IEP
Definition webpage, under Not
eligible.)
