Within three years of a previous classification, a multi-disciplinary reevaluation shall be completed to determine whether the student continues to be a student with a disability and meets the requirements to be eligible for services.

Reevaluation shall be conducted sooner if conditions warrant or if the student’s parents or teacher requests the re-evaluation.

When a reevaluation is conducted sooner at the request of the parent or teacher, or because conditions warrant, the reevaluation shall be completed without undue delay.

The parent (and adult student, when applicable) will be provided written notice of the meeting to review data and determine the nature and scope of the reevaluation. The letter of notice will include Parental Rights In Special Education (PRISE).
 
The participants in a reevaluation meeting shall include the Individualized Education Program (IEP) team who will determine the nature and scope of the reevaluation. The IEP team includes:

• the parent;
• at least one child study team member who can interpret the instructional implications of the evaluation results;
• at least one general education teacher if the student is in the general education classroom or may participate in the general education classroom;

  The regular education teacher shall be knowledgeable about the student’s educational performance or the district’s programs.

• at least one special education teacher, or where appropriate, at least one special education provider;

  The special education teacher or special education provider shall be knowledgeable about the student’s educational performance or the district’s programs.

• the case manager;
• a representative of the district board of education who:

  is qualified to provide or supervise the provision of the specially designed instruction to meet the unique needs of the student with disabilities;

  is knowledgeable about the general education curriculum;

  is knowledgeable about the availability of resources of the district board of education; and

  may be the child study team member or other appropriate personnel including the special education administrator or principal;

• at the discretion of the parent or school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate; and
• the student as appropriate.

At the meeting, the IEP team shall review existing data and decide if additional tests and procedures should be administered to determine:

• whether the student continues to have a disability;
• the present levels of performance and educational needs of the student;
• whether the student needs special education and related services; and
• whether any additions or modifications to the special education and related services are needed to enable the student with disabilities to meet annual goals set in the IEP and to participate, as appropriate, in the general education curriculum.

When No Additional Data Needed

When the IEP team determines no additonal data are needed, within 15 calendar days of the meeting, the parent (and adult student) is provided with:

• written notice of the determinations:
  • additional data are not warranted;
  • continued eligibility or ineligibility (de-classification);
• a copy of the short procedural safeguard statement; and
• a statement regarding the right of the parent (adult student, when applicable) to request an assessment to determine if the student continues to be a student with a disability.

When Additional Data Needed

When the IEP team determines that additional data are needed, within 15 calendar days of the meeting, the parent (and adult student) is provided with:

• written notice of the determinations and proposed actions:
  • additional data are not warranted to determine if the student continues to be a student with a disability;
  • the nature and scope of the proposed reevaluation including which child study team members and/or specialists will conduct assessments:
• a copy of the short procedural safeguard statement; and
• a request for written consent from parent (when the student is an adult student, consent is obtained form the adult student).

If the parent (adult student, when applicable) refuses to provide consent within 15 calendar days, and the district and parent (adult student when applicable) have not agreed to other action, the district shall request a due process hearing according to NJAC 6A:14-2.3(b).

If the parent (adult student, when applicable) failed to respond to the request for consent for re-evaluation, the district board of education can proceed with reevaluation if it can demonstrate that it had taken reasonable measures to obtain such consent.