Wednesday, February 25, 2009

May an Initial Evaluation Consist Only of Existing Data?

According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, the answer is "yes". "Existing data should be reviewed as a part of any initial evaluation. This would include evaluations and information provided by parents, current classroom-based, local, or state asessements and classroom-based observations, and observations from teachers and related service providers. For an initial evaluation, such data should help the team to decide if more information is needed to determine eligibility--both the presence of a disablity and the determination of the child's educational need. The existing data will also help identify the present levels of academic achievement and related developmental needs of the child, and whether any additions or modifications to the special education and related services are needed to enable the child to meet the measureable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum, or for preschool age children, an age appropriate environment. If the team has enough information from the existing soures of data (general education progress in the curriculum/interventions, record review, interviews, observations, tests), the team may conclude that no additional data are needed and eligibility may be determined based upon existing data. The Prior Written Notice would include: (1) a statement of this fact and the reasons for it; and (2) a statement of the right of the parents to request additional assessment to determine whether the child is a child with a disability. Parent consent to conduct the initial evaluation is required, whether or not additional data is needed".

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