Page:United States Statutes at Large Volume 111 Part 1.djvu/107

 PUBLIC LAW 105-17—JUNE 4, 1997 111 STAT. 83 "(i) whether the child has a particular category of disability, as described in section 602(3), or, in case of a reevaluation of a child, whether the child continues to have such a disability; "(ii) the present levels of performance and educational needs of the child; "(iii) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and "(iv) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general curriculum. "(2) SOURCE OF DATA.— The local educational agency shall administer such tests and other evaluation materials as may be needed to produce the data identified by the lEP Team under paragraph (1)(B). "(3) PARENTAL CONSENT. — Each local educational agency shall obtain informed parental consent, in accordance with subsection (a)(1)(C), prior to conducting any reevaluation of a child with a disability, except that such informed parent consent need not be obtained if the local educational agency can demonstrate that it had taken reasonable measures to obtain such consent and the child's parent has failed to respond. " (4) REQUIREMENTS IF ADDITIONAL DATA ARE NOT NEEDED. — If the lEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability, the local educational agency— "(A) shall notify the child's parents of— "(i) that determination and the reasons for it; and "(ii) the right of such parents to request an assessment to determine whether the child continues to be a child with a disability; and "(B) shall not be required to conduct such an assessment unless requested to by the child's parents. "(5) EVALUATIONS BEFORE CHANGE IN ELIGIBILITY.—^A local educational agency shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability. " (d) INDIVIDUALIZED EDUCATION PROGRAMS.— "(1) DEFINITIONS. — As used in this title: "(A) INDIVIDUALIZED EDUCATION PROGRAM.— The term 'individualized education program' or 'lEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes— "(i) a statement of the child's present levels of educational performance, including— " (I) how the child's disability affects the child's involvement and progress in the general curriculum; or

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