Page:United States Statutes at Large Volume 118.djvu/2737

 118 STAT. 2707 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(2) SOURCE OF DATA.—The local educational agency shall administer such assessments and other evaluation measures as may be needed to produce the data identified by the IEP Team under paragraph (1)(B). ‘‘(3) PARENTAL CONSENT.—Each local educational agency shall obtain informed parental consent, in accordance with subsection (a)(1)(D), prior to conducting any reevaluation of a child with a disability, except that such informed parental 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 IEP Team and other qualified professionals, as appro priate, determine that no additional data are needed to deter mine whether the child continues to be a child with a disability and to determine the child’s educational needs, the local edu cational agency— ‘‘(A) shall notify the child’s parents of— ‘‘(i) that determination and the reasons for the determination; and ‘‘(ii) the right of such parents to request an assess ment to determine whether the child continues to be a child with a disability and to determine the child’s educational needs; and ‘‘(B) shall not be required to conduct such an assess ment unless requested to by the child’s parents. ‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGIBILITY.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), a local educational agency shall evaluate a child with a disability in accordance with this section before deter mining that the child is no longer a child with a disability. ‘‘(B) EXCEPTION.— ‘‘(i) IN GENERAL.—The evaluation described in subparagraph (A) shall not be required before the termination of a child’s eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education under State law. ‘‘(ii) SUMMARY OF PERFORMANCE.—For a child whose eligibility under this part terminates under cir cumstances described in clause (i), a local educational agency shall provide the child with a summary of the child’s academic achievement and functional perform ance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. ‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.— ‘‘(1) DEFINITIONS.—In this title: ‘‘(A) INDIVIDUALIZED EDUCATION PROGRAM.— ‘‘(i) IN GENERAL.—The term ‘individualized edu cation program’ or ‘IEP’ 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 academic achievement and functional perform ance, including—

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