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exceptional child education - Jefferson County Public Schools

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to participate in appropriate activities). A single procedure will not be used as the sole criterion for<br />

determining whether a <strong>child</strong> or youth has a disability or for determining an appropriate <strong>education</strong>al<br />

program for the <strong>child</strong> or youth.<br />

The ARC does not use the results from group-administered tests or procedures for determining the<br />

presence of a disability. However, for <strong>child</strong>ren and youth who are determined eligible, the ARC must<br />

consider, for programming purposes in IEP development, the results of the <strong>child</strong>’s or youth’s<br />

performance on any general statewide or districtwide assessment program.<br />

Assessment tools and strategies are selected to provide relevant information in determining the<br />

<strong>education</strong>al needs of the <strong>child</strong> or youth. As part of an initial evaluation, the ARC and other qualified<br />

professionals, if necessary, will review existing evaluation data on the <strong>child</strong> or youth, including:<br />

A. Evaluations and information provided by the parent;<br />

B. Current classroom-based assessments and observations; and<br />

C. Classroom-based observations by teachers and providers of related services.<br />

Existing evaluation data must be reviewed and a determination made regarding the data’s current<br />

validity and applicability to the issues under consideration by the ARC. This review of existing data<br />

may be conducted without parental consent and without an ARC meeting. However, all data and<br />

recommendations must be presented to the ARC for consideration and action.<br />

On the basis of the review and input from the parent, the ARC will identify what additional data, if<br />

any, are needed to determine:<br />

Reevaluation<br />

A. Whether the <strong>child</strong> or youth has a particular disability and the <strong>education</strong>al needs of the<br />

<strong>child</strong> or youth;<br />

B. The present levels of academic achievement and related developmental needs of the <strong>child</strong><br />

or youth; and<br />

C. Whether the <strong>child</strong> or youth needs special <strong>education</strong> and related services.<br />

An LEA shall ensure a reevaluation, unless the parent and the LEA agree that a reevaluation is unnecessary. A<br />

reevaluation may consist of the review described in subsection (14) of this section, and is conducted at least every three<br />

(3) years to determine:<br />

(a) The present levels of performance and <strong>education</strong>al needs of the <strong>child</strong>;<br />

(b) Whether the <strong>child</strong> continues to need special <strong>education</strong> and related services; and<br />

(c) Whether any additions or modifications to the special <strong>education</strong> and related services are needed to enable the <strong>child</strong><br />

to meet the measurable annual goals set out in the IEP and to participate, as appropriate, in the general curriculum.<br />

707 KAR 1:300, Section 4(18)<br />

A public agency must ensure that a reevaluation of each <strong>child</strong> with a disability is conducted in accordance with<br />

§§300.304 through 300.311-34 CFR Part 300 §300.303(a)<br />

(1) If the public agency determines that the <strong>education</strong>al or related services needs, including improved academic<br />

achievement and functional performance, of the <strong>child</strong> warrant a reevaluation; or<br />

(2) If the <strong>child</strong>’s parent or teacher requests a reevaluation.<br />

34 CFR Part 300 §300.303(a)<br />

10 3: Child Find, Eval, & Reeval

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