Maryland Statewide Individualized Education Program (IEP) Process Guide July 2014  

  • You are not logged in. Please Login

Continued Eligibility Data (Reevaluation)

In accordance with 20 U.S.C. §1414(a)(2)(B) a reevaluation shall occur:

  • Not more frequently than once a year, unless the parent and public agency agree otherwise; and
  • At least once every three years, unless the parent and public agency agree that a reevaluation is not necessary.

The IEP team shall review existing assessment data. On the basis of the review, and input from the student’s parents, the IEP team shall identify what additional data, if any, is needed, to determine:

  • Whether the student continues to be a student with a disability;
  • The educational needs of the student;
  • The present levels of academic achievement and related developmental needs of the student;
  • Whether additions or modifications to special education and related services are needed to enable the student to meet the measurable annual goals in the student’s IEP and to participate in the general curriculum; and
  • Whether the student continues to need special education and related services.

If the IEP team determines the need for additional data, the public agency shall conduct assessment procedures. The results of assessment procedures shall be used by the IEP team in reviewing, and, as appropriate, revising the student’s IEP within 90 days of the meeting when the IEP team determined the need for additional data.

The IEP team shall provide the parents with prior written notice if the IEP team determines that no additional data is needed to determine:

  • Whether the student with a disability continues to be a student with a disability; and
  • The student’s educational needs.

A public agency shall conduct assessment procedures before determining the student is no longer a student with a disability. A public agency is not required to conduct assessment procedures:

  • Unless requested to do so by the student’s parent; or
  • Before the termination of the student's eligibility due to:
    • Graduation from a secondary school with a Maryland High School Diploma (the same diploma nondisabled peers receive); or
    • Exceeding the age of eligibility (21) for FAPE.

A public agency shall consolidate a reevaluation meeting with other IEP team meetings for a student with a disability to the extent possible. An IEP team shall complete a reevaluation involving new assessment data within 90 (calendar) days of the date the IEP team determined new data was needed in order to determine the student’s continued eligibility for special education services.

[34 C.F.R. §§300.300(c)-(d); 300.303; 300.305COMAR 13A.05.01.06E]

NOTE:
Compare the date when the reevaluation process began to the date the IEP team reviewed exiting data to determine whether the student continues to be eligible for special education services in accordance with IDEA. After initial consent for the initiation of special education services, parental consent is not required for the continuation of special education services.

Areas Identified for Reevaluation

The IEP team reviews existing data and identifies what additional data, if any, is needed, to determine:

  • Whether the student continues to be a student with a disability;
  • The present levels of educational performance; and
  • Whether modifications to special education and related services are needed.

Discussion to Support Decision (optional)

This text field is available for the student’s IEP team to provide additional information relative to the areas affected by the student’s disability that require special education services. If an IEP team intends to use the student’s IEP to satisfy the requirements for PWN, this text field provides space for that purpose.

Evaluation Date

This is the most recent date on which the IEP team completed a full and comprehensive review of data to determine the student's continued need for special education and related services.

[34 C.F.R. §300.305(a); COMAR 13A.05.01.06.)E(2)]

NOTE:
Reevaluation DOES NOT REQUIRE new assessment(s) unless the IEP team believes additional data is necessary.
 

Continued Eligibility

The student’s IEP team must document whether the student continues to be a student with a disability.

Indicate:

YES – if the IEP team determines the student continues to be a student with a disability

NO – if the IEP team determines the student no longer requires the provision of special education and related services in order to receive a FAPE.

NOTE:

  • Identify and compare the date of the previous eligibility determination to the date of the current eligibility determination to ensure a reevaluation occurred at least once every three years, unless the parent and the public agency have agreed and documented that a reevaluation was not necessary.
  • Reevaluation does not necessarily require the administration of new assessment procedures. It is the responsibility of the student's IEP team to document the need for additional data.

Additions or Modifications to Special Education and Related Services

Respond YES or NO to the IEP team’s consideration of any additions or modifications to special education and related services needed to enable the student to meet the measurable annual goals set out in the student’s IEP and to participate, as appropriate, in the general education curriculum.

[34 C.F.R. §300.305(a)]

Eligibility

Indicate:

YES – if the IEP team determines the student continues to be a student with a disability who requires special education and related services.

NO – if the IEP team determines the student no longer requires the provision of special education and related services as a student with a disability.

NOTE:
If NO is marked, complete the portion of “Student Information” entitled “Exit Information” by identifying the appropriate exit category.
 

Document Basis for Decision(s) (required)

A required text field for an IEP team to provide additional information to document the basis of the IEP team’s decision. If addressed properly, documentation will meet requirements of prior written notice (PWN), in accordance with 34 C.F.R. §300.503 and COMAR 13A.05.01.12, PWN includes:

• A description of the action proposed or refused;
• An explanation of why the public agency proposes or refuses to take the action;
• A description of the options the public agency considered and the reason the options were rejected;
• A description of each assessment procedure, test, record, or report the public agency uses as a basis for the proposal or refusal;
• A description of any other factors relevant to the proposed or refused action;
• A list of sources a parent may contact to obtain assistance in understanding the provisions of IDEA; and
• If an action proposed by a public agency also requires parental consent, a public agency may provide notice at the same time it requests consent.

[20 U.S.C §1415; 34 C.F.R. §300.503; COMAR 13A.05.01.12]
 

Primary Disability

Although it is possible that a student may have more than one disability, enter the disability that is most indicative of the student’s primary disability. A student evaluated and determined by an IEP team to be a student with a disability or a student with a developmental delay, who, because of the disability requires special education and related services under IDEA as listed below.

• Autism,
• Deaf-blindness,
• Deafness,
• Developmental Delay, students three through seven.1
• Emotional disability,
• Hearing impairment,
• Intellectual disability,
• Multiple disabilities2
• Orthopedic impairment,
• Other health impairment,
• Specific learning disability,
• Speech or language impairment,
• Traumatic brain injury, or
• Visual impairment, including blindness

NOTE:
1 Please refer to local policies, procedures, and practices relative to students with a developmental delay.
2 1. Specify each disability from any of the three categories of disabling conditions the student’s IEP team identifies as concomitant that causes such severe educational problems that the student cannot be accommodated in special education instructional services solely for one of the impairments.

  • Cognitive includes: Autism, Emotional Disability, Intellectual Disability, Specific Learning Disability, Speech or Language Impairment, and Traumatic Brain Injury.
  • Sensory includes: Deaf-Blindness, Deafness, Hearing Impairment, and Visual Impairment including Blindness.
  • Physical includes: Orthopedic Impairment, and Other Health Impairment.

2. Concomitant means happening or existing along with or at the same time as something else.

3. A student is not required to be identified as a student with an intellectual disability as one of the disabilities.

[34 C.F.R §300.8; COMAR13A.05.01.06C(1)-(2)]

  •