Plan Review and Eligibility Evaluation

Plan Review (Annual Review) 

The Individualized Education Program (IEP) shall be scheduled for review by an IEP team at least once a year, determined by the month and day of the initial or previous annual IEP (EDC §56343). 

This annual review requirement also applies to students in non-public schools (NPS) and residential treatment center (RTC) placements, in addition to yearly NPS site visits (EDC §56381.1). 

For more information regarding NPS and RTC requirements, visit the El Dorado Charter SELPA’s Nonpublic Schools and Residential Treatment Centers Guidelines.  For students placed in a community treatment facility, regular evaluations are necessary to determine continuing student needs and appropriate placement in the least restrictive environment. 

In addition, a parent may request that an IEP review be conducted at any time. When the Local Educational Agency (LEA)/district receives such a request (preferably in writing), an IEP meeting must be held within 30 days. 

It is necessary to hold an IEP meeting if the student is not making sufficient progress toward goals and objectives. Parents and members of the IEP team must be notified by established notification procedures. The IEP team may: 

  • Modify the IEP or program, including the provision of related services and other support services. 
  • Discuss the appropriateness of current goals and make changes as appropriate based on data and input from members of the IEP team. 
  • Review and discuss the appropriateness of the current educational program and/or placement. 

Eligibility Evaluation (Triennial Review) 

According to 34 CFR §300.303, a reassessment of the student shall be conducted at least every three years or more frequently, if conditions warrant. As part of this reassessment, the IEP team shall review existing evaluation data, including evaluations and information provided by the parents of the student, current classroom-based assessments and observations, and teacher and related service providers’ observations. 

If an assessment is warranted for an eligibility evaluation, then an assessment plan will need to be completed and sent to the parent for signature. The procedures for completing an assessment plan are detailed in the “Assessment Plan” section of this Procedural Guide. 

For additional information, the eligibility evaluation process is explained in the section entitled “Assessment, Test Selection and Reports” in this Procedural Guide. 

As part of the eligibility evaluation process, if the student qualifies under Specific Learning Disability (SLD) the psychologist must also complete the appropriate SLD page that corresponds to the SLD Eligibility model used. The SLD pages are listed in each student’s future IEP in SEIS, and signatures on the completed SLD page must be obtained. The different SLD eligibility models are detailed in the “Eligibility Criteria” section of this Procedural Guide.  

Review of Records vs. Comprehensive Reassessment 

The IEP team must identify what additional information, if any, is needed to establish: 

  • The present levels of performance. 
  • The educational needs of the student. 
  • Whether the student continues to have a disability. 
  • Whether the student continues to need special education and related services. 
  • Whether the student requires any additions or modifications to the educational program to meet their annual goals and participate in the general curriculum. 

The form entitled “Triennial Re-eval”, located in the future IEP record in SEIS, may assist in documenting the decision-making process for this determination. 

According to EDC§ 56381(g), a formal IEP meeting is not required to decide on whether additional assessment is necessary unless requested by the parent, or agreement can’t be reached. 

A reassessment shall be conducted if the LEA/district determines that the educational or related service needs including improved academic achievement and functional performance of the student warrant a reassessment, or if the student's parents or teacher requests a reassessment. 

If the team agrees to a review of records, the Assessment Plan should reflect this decision, and a Prior Written Notice (PWN) should be provided to confirm the decision with parents. The requirements for legally compliant PWN are detailed in the “Prior Written Notice” section of this Procedural Guide. 

Assessment is required in the following situations:  

  • Upon parent or teacher request (document on assessment plan) [EDC § 56381(a)]. 
  • At least once every three years (for students in special education), unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary [EDC § 56381(a)]. 
  • When dismissal from special education is being considered [EDC § 56381(h)].  

If an LEA/district believes that a student no longer requires special education or related services, the student must be reassessed in all areas of suspected disability. The LEA/district may exit the child from special education if, after a comprehensive evaluation, it is determined that the student does not require Special Education and/or related services to obtain meaningful educational benefit. Related services include but are not limited to speech, occupational therapy, counseling, behavioral supports, and adapted physical education. A comprehensive list of related services under IDEA can be found in Section 300.34 of Title 34 of the Code of Federal Regulations (CFR). 

Circumstances When Reassessments May Be Necessary 

The following circumstances are examples of conditions warranting more frequent reassessment: 

  • If a substantial change has been observed in the student’s academic performance or disabling condition. 
  • If the IEP team suspects that the student has an additional area of eligibility for Special Education or needs that have not been previously assessed/accurately assessed. 
  • A request for a change in placement may trigger a reassessment, particularly when the new placement is more restrictive. This is suggested, but not required by IDEA. Assessment prior to a placement change will ensure that the student’s eligibility is accurate, that appropriate needs have been defined via past assessments, and that supports, goals, and services reflect identified needs. 
Useful Links:

Eligibility Criteria PG guide doc: http://charterselpa.org/wp-content/uploads/2018/01/ELIGIBILITY-CRITERIA.pdf 

Assessment Plans PG guide doc: https://charterselpa.org/wp-content/uploads/2018/01/ASSESSMENT-PLANS.pdf 

NPS & RTC guidelines doc: https://charterselpa.org/wp-content/uploads/2017/08/Charter-NPS-RTC-Guidelines-2020.pdf 

Assessments, Test Selection, and Reports PG doc: http://charterselpa.org/wp-content/uploads/2018/01/ASSESSMENT-TEST-SELECTION-AND-REPORTS.pdf 

Prior Written Notice PG guide doc: http://charterselpa.org/wp-content/uploads/2018/01/PRIOR-WRITTEN-NOTICE.pdf