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(2.33) Must a school district conduct additional testing for every student with a disability as part of a re-evaluation?

(2.33) Must a school district conduct additional testing for every student with a disability as part of a re-evaluation?

No.  As part of any re-evaluation, the IEP team (including parents) and other qualified professionals, as appropriate, must review existing data on the student to identify what additional data, if any, are needed to determine: 

  1. Whether the student continues to have an eligible disability; 
  2. The education needs of the student;
  3. Whether the student continues to need special education and related services; and 
  4. 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 student’s IEP and to participate in the general curriculum. 

The team must review evaluations and information provided by the parent; current classroom-based assessments and observations; and teacher and related services providers’ observations.  The group may conduct this review without a meeting.  [20 U.S.C. Sec. 1414(c)(1); 34 C.F.R. Sec. 300.305; Cal. Ed. Code Sec. 56381.]  The district is not required to obtain parental consent to conduct this portion of the re-evaluation [34 C.F.R. Sec. 300.300(d)(1)(i).] 

If the IEP team decides that additional data/testing are needed, the district must obtain parental consent and conduct the evaluations.  [34 C.F.R. Sec. 300.300(c); Cal. Ed. Code Sec. 56381(f).]

If the team decides that no additional data/testing are needed, the district is not required to conduct an assessment unless the parent requests one.  In this case, the district must notify you of this decision and the reasons for it, and inform you of your right to request an assessment.  [20 U.S.C. Sec. 1414(c)(4); 34 C.F.R. Sec. 300.305(d)(1)(ii); Cal. Ed. Code Sec. 56381(d).]