Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation, the child’s IEP or IFSP team, and other qualified professionals, as appropriate, must:
Review existing evaluation data on the child, including:
Evaluations and information provided by the parents of the child;
Current classroom-based, local, or state assessments, and classroom-based observations; and
Observations by teachers and related services providers; and
On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine:
Whether the child is, or continues to be, a child with a disability;
Source of data. The public agency must administer tests and other evaluation materials as may be needed to produce the additional data identified under subsection (1)(b).
Requirements if additional data are not needed.
If the child’s IEP or IFSP team determines that no additional data are needed to determine whether the child is or continues to be a child with a disability, and to determine the child’s educational and developmental needs, the public agency must notify the child’s parents:
Of that determination and the reasons for it; and
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 and developmental needs.
The public agency is not required to conduct an assessment of the child unless requested to do so by the child’s parents.