When the rules for the proposed new criteria for Developmental Delay, Autism and Visual Impairment go into effect on July 1, 2019, students who were previously identified in those disability categories WILL NOT need to meet the new disability criteria. The new criteria will only apply to students who are identified in those categories of disability after July 1, 2019.
How does the proposed change to allow students to have a label of Developmental Delay until age nine affect students who are currently identified as DD and turn six after July 1st, 2019?
The student would then be a six-year-old with Developmental Delay, which is allowed under the new rule.
To clarify the reevaluation process:The IEP Team must consider the need for a reevaluation every three years. The IEP team can choose not to reevaluate the student.
A reevaluation is not necessary if the IEP team determines that the student continues to be a student with a disability, and because of that disability needs special education and related services; and additions or modifications to enable the student to meet the measurable annual goals of the IEP and to participate, as appropriate, in the general education curriculum are not needed. This determination is documented on the IEP form.
If the IEP Team determines that a reevaluation is needed, the ER team does not have to consider the initial disability criteria to determine that a student continues to have a disability. The purpose of the reevaluation is to determine that the student continues to have a disability and needs special education and related services.
We hope this clarifies the reevaluation process. Please see the previously published information from the OPI Guide below:
22. When are reevaluations required?
Reevaluations must occur at least once every three years, unless the parent and the district agree that a reevaluation is unnecessary.
A reevaluation is not necessary if the IEP team determines that the student continues to be a student with a disability, and because of that disability needs special education and related services; and additions or modifications to enable the student to meet the measurable annual goals of the IEP and to participate, as appropriate, in the general education curriculum are not needed. This determination is documented on the IEP form.
34 CFR 300.303 Reevaluations
27. When a student is reevaluated must he or she meet the criteria required for initial determination of eligibility for special education and related services?
The team does not have to consider the initial criteria to determine that a student continues to have a disability. The purpose of the reevaluation is to determine that the student continues to have a disability and needs special education and related services.
34 CFR 300.305 Additional requirements for evaluations and reevaluations
