HAR §8-60-37. Additional requirements for evaluations and reevaluations

(a) Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation, the IEP team and other qualified professionals, as appropriate, shall: (1) Review existing evaluation data on the student, including: (A) Evaluations and information provided by the parents of the student; (B) Current classroom-based or State assessments, and classroom-based observations; and (C) Observations by teachers and related services providers; and (2) On the basis of that review, and input from the student's parents, identify what additional data, if any, are needed to determine: (A) (i) Whether the student is a student with a disability, as defined in sections 8-60-2 and 8-60-39 and the educational needs of the student; or (ii) In case of a reevaluation of a student, whether the student continues to have such a disability, and the educational needs of the student; (B) The present levels of academic achievement and related developmental needs of the student; (C) (i) Whether the student needs special education and related services; or (ii) In the case of a reevaluation of a student, whether the student continues to need special education and related services; and (D) Whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the IEP of the student and to participate, as appropriate, in the general education curriculum. (b) Conduct of review. The group described in subsection (a) may conduct its review without a meeting. (c) Source of data. The department shall administer such assessments and other evaluation measures as may be needed to produce the data identified under subsection (a). (d) Requirements if additional data are not needed. (1) If the IEP team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the student continues to be a student with a disability, and to determine the student's educational needs, the department shall notify the student's parents of: (A) That determination and the reasons for the determination; and (B) The right of the parents to request an assessment to determine whether the student continues to be a student with a disability, and to determine the student's educational needs. (2) The department is not required to conduct the assessment described in paragraph (1)(B) unless requested to do so by the student's parents. (e) Evaluations before change in eligibility. (1) Except as provided in paragraph (2), the department shall evaluate a student with a disability in accordance with sections 8-60-36 through 8-60-43 before determining that the student is no longer a student with a disability. (2) The evaluation described in paragraph (1) is not required before the termination of a student's eligibility due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a FAPE under State law. (3) For a student whose eligibility terminates under circumstances described in paragraph (2), the department shall provide the student with a summary of the student's academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student's postsecondary goals. [Eff 11/23/09] (Auth: 20 U.S.C. 1414(c), HRS §302A-1112) (Imp: 34 C.F.R. §300.305)