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(a) A district shall reevaluate each child with a disability, in the manner set out in 4 AAC 52.120 and 4 AAC 52.125, to determine whether the child remains eligible for services under 4 AAC 52.130 and to determine the educational needs of the child. The reevaluation shall be conducted as conditions warrant regarding the child's progress, but not less than once every three years. The district shall provide a more frequent reevaluation if a parent or teacher of the child requests a reevaluation.
(b) The reevaluation shall be carried out by a group consisting of qualified professionals and a parent of the child. The group shall
(1) review existing evaluation data on the child, including evaluations and information provided by a parent of the child, current classroom-based assessments and observations, and teacher and related services providers' observations; and
(2) on the basis of the review conducted under (1) of this subsection and information obtained from a parent of the child, identify any additional data needed to determine
(A) whether the child continues to have a disability;
(B) the child's present levels of performance and educational needs;
(C) whether the child continues to need special education and related services; and
(D) whether any change is needed in the child's special education and related services to enable the child to meet the measurable annual goals set out in the IEP and to participate, as appropriate, in the general curriculum.
(c) An IEP team shall review the IEP of a child as set out in 4 AAC 52.140(d) .
(d) In addition to the requirements of (a) of this section, for a child with early childhood developmental delay, reevaluation by an IEP team is required before the child reaches age nine, for the purpose of determining whether the child is eligible for special education and related services under one or more of the specific disability categories set out in 4 AAC 52.130(b) - ( l ), ( o ), and (p).
(e) If the group established under (b) of this section determines that no additional data are needed, it
(1) shall notify the child's parents of that determination, the reasons for it, and the right of the parents to request an evaluation to determine whether the child continues to be a child with a disability; and
(2) is not required to conduct an additional evaluation unless requested to do so by a parent of the child.
History: Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 11/26/93, Register 128; am 8/22/2001, Register 159
Authority: AS 14.07.060
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Last modified 7/05/2006