La. Admin. Code tit. 28 § CI-1101

Current through Register Vol. 50, No. 9, September 20, 2024

Section CI-1101 - Required Reevaluations

A. A reevaluation of each student with an exceptionality must be conducted when one of the following events occurs:

1. when the LEA determines that the educational or related services needs, including improved academic achievement and functional performance of the student, warrant a reevaluation;

2. when the student's teacher or parent requests a reevaluation;

3. when a significant change in placement is proposed, which means moving the student to a more restrictive environment where the student will be in the regular class less than 40 percent of the day or, for a child age four through five, in the regular early childhood program less than 40 percent of the time; or

4. when a student is no longer suspected of having an exceptionality. This includes students having the single exceptionality of speech and language impairment.

B. The reevaluation described in Subsection A above is not required before the termination of a student's eligibility for special education and related services due to graduation from high school with a regular high school diploma, or due to exceeding the age eligibility for FAPE under state law.

C. A reevaluation:

1. must occur at least once every three years, unless the parent and the LEA agree that a reevaluation is unnecessary:

a. a triennial evaluation may be necessary if there are not adequate data to determine whether any additions or modifications to the special education and related services are needed to enable the student to meet the measureable annual goals in the IEP and to participate, as appropriate, in the general education curriculum;

b. a triennial evaluation may be necessary for students with developmental delays, deafness and/or a hearing loss, traumatic brain injury, or visual impairments. Refer to the specific disabilities in Chapter 7 for further guidance;

c. for students whose only exceptionality is gifted or talented, the reevaluation may be accomplished through the IEP process at the time of the IEP review meeting. Informed parental consent for the reevaluation must be sent to parents prior to the IEP review meeting in which the reevaluation will be conducted. If no concerns are evident with the student's current program, no evaluation report is required. This discussion will be documented on the IEP form, and a copy of the IEP form will be forwarded to pupil appraisal personnel;

2. may not occur more than once a year, unless the parent and the LEA agree otherwise.

D. An LEA is not required to conduct a reevaluation of an exceptional student who transfers with a current evaluation into its jurisdiction from another jurisdiction in Louisiana. Should the receiving LEA question the accuracy or the appropriateness of the student's classification, a reevaluation may be initiated after an IEP has been developed and the student is receiving special education and related services.

La. Admin. Code tit. 28, § CI-1101

Promulgated by the Board of Elementary and Secondary Education, LR 35:916 (May 2009), effective July 1, 2009, Amended LR 432494 (12/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.