If the student`s merits are not questioned, but a parent requests a reassessment to determine the student`s educational needs, the LEA must respond to the parent`s request to conduct a reassessment by conducting a data audit: (1); (2) conduct a full reassessment; or (3) refuse to re-evaluate. If the LEA refuses the revaluation, the LEA must issue a NOREP/PWN to the parent company. The LEA must notify the parent if the LEA refuses to initiate or modify the mediation of identification, assessment or education of the student or the provision of FAPE to the student. IDEA stated: “A reassessment for students with disabilities must take place every three years, unless the parent and the public body agree that there is no need for a reassessment.” However, according to the PARC`s approval order, students with mental disabilities must be reassessed every 2 years in Pennsylvania and neither the IEP team nor parents can give up on re-evaluating students with mental disabilities. There are no exceptions. The LEA must reassess a student with a disability who is unilaterally enrolled by his or her parents in a private school, in the same way that he performs a reassessment for a student with a disability enrolled in the school district. However, the LEA must at least reassess every three years at least – or agree in another way with the student`s parent that it is not necessary to reassess them by the written agreement between parents not to reassess. For children with mental disabilities, a reassessment must be carried out every two years and no agreement can be reached to waive the reassessment. For a student with a disability who attended a private school and then enrolled in the school district, the school district must decide whether to reassess. If the student goes to public school and the reassessment has not been completed in time, the LEA must reassess.
In addition, the LEA must reassess when it finds that it needs more information about the student`s educational or functional needs or to determine the needs of the associated service. A school district should also reassess if a parent or school staff requests a reassessment. If the LEA refuses to perform a parental reassessment, the LEA must issue a NOREP/PWN to the parent. A reassessment must be done before changing the level of support and/or the change in service to a student`s PEI (i.e., a change in full-time learning assistance to a learning support). One of the objectives of the reassessment is to determine the student`s educational needs, including the need to supplement or modify specific education and related services to enable the student to achieve his or her LPI objectives and/or participate in the general education program. Because the evaluation/reassessment report describes the specific needs of the student, the IEP team develops a needs-based IEP described in the assessment/reassessment. For example, when a student is on a full-time special internship, this placement decision was made on the basis of the needs described in the evaluation/reassessment report. If the student`s internship is changed from one time to the next, there should be a basis for the modification of the teaching.
It is unlikely that the student`s IEP, which was developed for full-time assistance, can be implemented in the context of migration, since the migration education programme is probably significantly and materially different from the full-time educational programme. The IEP team therefore needs new information available as part of the reassessment process to support changes in the type of aid.