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Authority: 34 C.F.R. Part 300;
Texas Educators Code (TEC) |
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Determination
of Needed Evaluation Data |
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FEDERAL
AND STATE REQUIREMENTS |
CITATIONS |
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As
part of an initial evaluation (if appropriate) and as part
of any reevaluation, a group that includes the ARD committee members,
and other qualified professionals,
as appropriate, shall conduct a review of existing evaluation data.
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300.533(a)
300. 344
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Document
a review of existing evaluation data including, but not limited to:
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300.533(a)(1)
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- Evaluations and
information provided by the parents of the student.
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300.533(a)(1)(i)
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- Current classroom-based assessments and
observations.
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300.533(a)(1)(ii)
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- Observations
by teachers and related services providers.
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300.533(a)(1)(iii)
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On
the basis of that review and input from the student's parents, identify
what additional data, if any, are needed to determine:
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300.533(a)(2)
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- Whether the
student has a particular category of disability or in the case
of a reevaluation
of a student, whether the student continues to have such a disability.
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300.533(a)(2)(i)
300. 7
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- The present levels
of performance and educational needs of the student.
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300.533(a)(2)(ii)
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- Whether the
student needs special education and related services or in the case
of a reevaluation
of a student, whether the student continues to need special education
and related services.
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300.533(a)(2)(iii)
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- Whether any additions
or modifications to the special education and related services are needed
to enable the student to meet the measurable annual goals set out in
the IEP of the student and to participate, as appropriate, in the general
curriculum.
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300.533(a)(2)(iv)
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The
ARD committee members may conduct their review without a meeting.
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300.533(b)
300.344
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After
providing
Notice
of Evaluation and obtaining
Parental
Consent,
the
district shall administer tests and other evaluation materials as may
be needed to produce the needed data. See
Full
and Individual Evaluation.
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300.533(c)
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If
the determination is that no additional data are needed to determine whether
the student continues to be a student with a disability, the district:
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300.533(d)(1)
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- Shall notify the student’s parents of that determination
and the reasons for it.
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300.533(d)(1)(i)
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- Shall notify the student’s parents of the right
of the parents to request an assessment to determine whether, for purposes
of services under this part, the student continues to be a student with
a disability.
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300.533(d)(1)(ii)
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- Is not required to conduct the assessment unless requested to do so
by the student's parents.
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300.533(d)(2)
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A student with a disability who is 18 years of age
or older or whose disabilities of minority have been removed for general
purposes under Chapter 31, Family Code, shall have the same right to make
educational decisions as a student without a disability, except that the
school district shall provide any notice required by IDEA, Part B to both
the student and the parents. All other rights accorded to parents
under IDEA, Part B transfer to the student. All rights accorded to
parents under IDEA, Part B transfer to students who are incarcerated in an
adult or juvenile, state or local correctional institution. See
Notice of Transfer of Parental
Rights. |
TEC 29.017 |