Reevaluation question

[Anonny]

Hi, could someone please clarify something for me?  So according to IDEA 300.303, a district must complete a reevaluation when a parent requests one.  This seems pretty clear cut to me.  I am finding contradictory information on this site and others that states that a district can refuse to perform the reevaluation when a parent requests one.  On what basis can this refusal be made when it seemingly goes against established law?

[JSD24]

The school needs to see that an eval is needed.  Assessing in all areas of suspected disability is the wording - or close to it.  If they don't see a disability, they don't need to assess.

[Anonny]

1 hour ago, JSD24 said:

The school needs to see that an eval is needed.  Assessing in all areas of suspected disability is the wording - or close to it.  If they don't see a disability, they don't need to assess.

Thank you very much for the reply.
 Here is the exact wording: 

300.303 Reevaluations.

(a) General. A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with §§300.304 through 300.311—

(1) If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or

(2) If the child’s parent or teacher requests a reevaluation.

 

My child has a medical diagnosis of autism and an IEP under autism classification.  Therefore I’m not seeing how they can deny my reevaluation request.

[Carolyn Rowlett]

They can't, since this is a re-evaluation and not an initial evaluation.  The only basis for denying one would be that it has not been one year since the last evaluation.

I would file a state complaint for this very obvious and clear-cut procedural violation.