NAC388.440. Periodic reevaluation of pupil.

     1. A public agency shall ensure that a reevaluation of each pupil with a disability is conducted if the public agency determines that the needs of the pupil for educational or related services, including, without limitation, improved academic achievement and functional performance, warrant a reevaluation or if the parent or teacher of the pupil requests a reevaluation. A reevaluation conducted pursuant to this section shall occur:

     (a) Not more than once a year, unless the parent and the authorized representative of the public agency otherwise agree; and

     (b) At least once every 3 years, unless the parent and the authorized representative of the public agency agree that a reevaluation is not necessary.

     2. If the members of the committee who developed a pupil’s individualized educational program pursuant to NAC 388.281 and other qualified personnel, including, without limitation, members of the eligibility team, determine in accordance with NAC 388.336 that no additional data is needed to determine whether the pupil continues to have a disability and to determine the educational needs of the pupil, the public agency shall notify the parents of the pupil of the public agency’s decision not to conduct additional assessments and the reasons for the decision. The notice must include a statement informing the parents that they may request that an assessment be conducted.

     3. Each reevaluation of a pupil must be conducted in the manner prescribed by the committee that developed the individualized educational program for the pupil pursuant to NAC 388.281 and other qualified personnel in accordance with the needs of the pupil. Such a reevaluation also must comply with the requirements set forth in NAC 388.300, 388.330, 388.335, 388.336 and 388.340.

     4. Upon the completion of the reevaluation, the eligibility team shall issue a written report which includes a statement of any disability found to exist and the basis for any determination of continued eligibility. The public agency shall provide a copy of the report and any other documentation relating to the determination of the eligibility of a pupil pursuant to this section to the parents of the pupil at no cost.

     (Added to NAC by Bd. of Education, eff. 7-14-88; A 9-13-91; 11-23-93; R039-98, 5-29-98; R085-99, 2-16-2000; R071-05, 2-23-2006; R058-07, 10-31-2007)