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005.18.6-6.05. Determination of Needed Evaluation Data.

AR ADC 005.18.6-6.05Arkansas Administrative Code

West's Arkansas Administrative Code
Title 005. Department of Education
Division 18. Special Education and Related Services
Rule 6. Evaluation - Eligibility Criteria
Ark. Admin. Code 005.18.6-6.05
005.18.6-6.05. Determination of Needed Evaluation Data.
Currentness
6.05.1 Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation under Part B of the IDEA, the IEP Team and other qualified professionals, as appropriate, must-
6.05.1.1 Review existing evaluation data on the child, including-
A. Evaluations and information provided by the parents of the child;
B. Current classroom-based, local or state, assessments, and classroom-based observations; and
C. Observations by teachers and related services providers; and
6.05.1.2 On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine-
A. Whether the child is a child with a disability, as defined in 34 CFR 300.8 and § 6.08 of these regulations, or, in case of a reevaluation of a child, whether the child continues to have such a disability;
B. The present levels of academic achievement and related developmental needs, and educational needs of the child;
C. Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and
D. Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.
6.05.2 Conduct of review. The group described in § 6.05.1 may conduct its review without a meeting.
6.05.3 Need for additional data. The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under § 6.05.1.
6.05.4 Requirements if additional information is not needed.
6.05.4.1 If the determination under § 6.05.1 is that no additional data are needed to determine whether the child continues to be a child with a disability, and to determine the child's educational needs, the public agency must notify the child's parents-
A. Of that determination and the reasons for it; and
B. Of the right of the parents to request an assessment to determine whether, for purposes of services under this part, the child continues to be a child with a disability, and to determine the child's educational needs.
6.05.4.2 The public agency is not required to conduct the assessment described in § 6.05.4.1B unless requested to do so by the child's parents.
6.05.5 Evaluations before change in eligibility.
6.05.5.1 Except as provided in paragraph 6.05.5.2 of this section, a public agency must evaluate a child with a disability in accordance with 34 CFR 300.304 through 300.311 before determining that the child is no longer a child with a disability.
6.05.5.2 The evaluation described in 6.05.5.1 of this section is not required before the termination of a child's eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law.
6.05.5.3 For a child whose eligibility terminates under circumstances described in § 6.05.5.2, 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 the child's post secondary goals.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.6-6.05, AR ADC 005.18.6-6.05
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