NC 1503-2.6 Additional Requirements for Evaluations and Reevaluations

Plain English summary

This regulation establishes requirements for how IEP Teams must conduct initial evaluations and reevaluations, including reviewing existing data, identifying additional data needs, and notifying parents of determinations. It specifies when reevaluations are required before changing a child's disability eligibility status, and sets specific reevaluation timelines for children identified as developmentally delayed. Public agencies must provide a summary of academic achievement and functional performance when a child's eligibility terminates due to graduation or age.

Key requirements

• The IEP Team and other qualified professionals must review existing evaluation data on the child, including evaluations and information provided by parents, current classroom-based, local, or State assessments and classroom-based observations, and observations by teachers and related services providers.
• On the basis of that review and input from the child's parents, the group must identify what additional data, if any, are needed to determine disability status, educational needs, present levels of academic achievement, need for special education and related services, and needed modifications.
• If the review is conducted without a meeting, documentation of the process for gathering input from the group must be maintained.
• The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under paragraph (a).
• If the IEP Team determines no additional data are needed, the public agency must notify the child's parents of that determination and the reasons for it, and of the right of the parents to request an assessment.
• The public agency is not required to conduct the assessment unless requested to do so by the child's parents.
• An LEA must reevaluate a child with a disability before determining that the child is no longer a child with a disability.
• Reevaluation is not required before the termination of a child's eligibility due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law.
• For a child whose eligibility terminates due to graduation or age, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting postsecondary goals.
• The reevaluation of children identified as developmentally delayed shall occur 3 years following placement and prior to turning eight years of age or prior to entering third grade, whichever comes first.

Affected parties

• Students with disabilities
• Students identified as developmentally delayed
• Parents of children with disabilities
• IEP Teams
• Local Education Agencies (LEAs)
• Public agencies
• Special education teachers
• Related services providers
• Qualified professionals

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=72