2005 California Education Code Sections 56380-56383 Article 5. Review

56380.  (a) Pursuant to subparagraphs (A) and (B) of paragraph (4)
of subsection (d) of Section 1414 of Title 20 of the United States
Code, the local educational agency shall maintain procedures to
ensure that the individualized education program team does both of
the following:
   (1) Reviews the pupil's individualized education program
periodically, but not less frequently than annually, to determine
whether the annual goals for the pupil are being achieved.
   (2) Revises the individualized education program as appropriate to
address, among other matters, the provisions specified in
subdivision (d) of Section 56341.1.
   (b) The annual review of an individualized education program shall
be conducted in accordance with the notice and scheduling
requirements for the initial assessment.
   (c) This section does not preclude other meetings of the
individualized education program team from occurring as provided in
Section 56343.
56380.1.  (a) In making changes to a pupil's individualized
education program after the annual individualized education program
meeting for a school year, the parent of the individual with
exceptional needs and the local educational agency may agree,
pursuant to subparagraph (D) of paragraph (3) of subsection (d) of
Section 1414 of the United States Code, not to convene an
individualized education program meeting for the purposes of making
those changes, and instead may develop a written document, signed by
the parent and by a representative of the local educational agency,
to amend or modify the pupil's existing individualized education
program.
   (b) Changes to the individualized education program may be made,
in accordance with subparagraph (F) of paragraph (3) of subsection
(d) of Section 1414 of the United States Code, either by the entire
individualized education program team, as provided in subdivision
(a), or by amending the individualized education program rather than
by redrafting the entire individualized education program. Upon
request, a parent shall be provided with a revised copy of the
individualized education program with the amendments incorporated.
56381.  (a) (1) A reassessment of the pupil, based upon procedures
specified in Section 56302.1 and in Article 2 (commencing with
Section 56320), and in accordance with subsections (a), (b), and (c)
of Section 1414 of Title 20 of the United States Code, shall be
conducted if the local educational agency determines that the
educational or related services needs, including improved academic
achievement and functional performance, of the pupil warrant a
reassessment, or if the pupil's parents or teacher requests a
reassessment.
   (2) A reassessment shall occur not more frequently than once a
year, unless the parent and the local educational agency agree
otherwise, and shall occur at least once every three years, unless
the parent and the local educational agency agree, in writing, that a
reassessment is unnecessary.
   If the reassessment so indicates, a new individualized education
program shall be developed.
   (b) As part of any reassessment, the individualized education
program team and other qualified professionals, as appropriate, shall
do the following:
   (1) Review existing assessment data on the pupil, including
assessments and information provided by the parents of the pupil, as
specified in clause (i) of paragraph (1) of subsection (a) of Section
300.533 of Title 34 of the Code of Federal Regulations, current
classroom-based assessments and observations, and teacher and related
services providers' observations.
   (2) On the basis of the review conducted pursuant to paragraph
(1), and input from the pupil's parents, identify what additional
data, if any, is needed to determine:
   (A) Whether the pupil continues to have a disability described in
paragraph (3) of Section 1401 of Title 20 of the United States Code.
   (B) The present levels of performance and educational needs of the
pupil.
   (C) Whether the pupil continues to need special education and
related services.
   (D) Whether any additions or modifications to the special
education and related services are needed to enable the pupil to meet
the measurable annual goals set out in the individualized education
program of the pupil and to participate, as appropriate, in the
general curriculum.
   (c) The local educational agency shall administer tests and other
assessment materials needed to produce the data identified by the
individualized education program team.
   (d) If the individualized education program team and other
qualified professionals, as appropriate, determine that no additional
data is needed to determine whether the pupil continues to be an
individual with exceptional needs, and to determine the educational
needs of the pupil, the local educational agency shall notify the
pupil's parents of that determination and the reasons for it, and the
right of the parents to request an assessment to determine whether
the pupil continues to be an individual with exceptional needs, and
to determine the educational needs of the pupil.  The local
educational agency is not required to conduct an assessment, unless
requested by the pupil's parents.
   (e) A local educational agency shall assess an individual with
exceptional needs in accordance with this section and procedures
specified in Article 2 (commencing with Section 56320), as provided
in paragraph (2) of subsection (c) of Section 300.534 of Title 34 of
the Code of Federal Regulations.
   (f) A reassessment may not be conducted, unless the written
consent of the parent is obtained prior to reassessment, except
pursuant to subdivision (e) of Section 56506. Pursuant to paragraphs
(1) and (2) of subsection (c) of Section 300.505 of Title 34 of the
Code of Federal Regulations, informed parental consent need not be
obtained for the reassessment of an individual with exceptional needs
if the local educational agency can demonstrate that it has taken
reasonable measures to obtain that consent and the child's parent has
failed to respond. To meet the reasonable measure requirements of
this subdivision, the local educational agency shall use procedures
consistent with those set forth in subsection (d) of Section 300.345
of Title 34 of the Code of Federal Regulations.
   (g) The individualized education program team and other qualified
professionals referenced in subdivision (b) may conduct the review
without a meeting, as provided in subsection (b) of Section 300.533
of Title 34 of the Code of Federal Regulations.
   (h) Before determining that the individual is no longer an
individual with exceptional needs, a local educational agency shall
assess the individual in accordance with Section 56320 and this
section, as appropriate, and in accordance with Section 1414 of Title
20 of the United States Code.
   (i) (1) The assessment described in subdivision (h) shall not be
required before the termination of a pupil'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 Section 56026.
   (2) For a pupil whose eligibility under this part terminates under
circumstances described in paragraph (1), a local educational agency
shall provide the pupil with a summary of the pupil's academic
achievement and functional performance, which shall include
recommendations on the manner in which to assist the pupil in meeting
his or her postsecondary educational goals as required in clause
(ii) of subparagraph (B) of paragraph (5) of subsection (c) of
Section 1414 of Title 20 of the United States Code.
   (j) To the extent possible, the local educational agency shall
encourage the consolidation of reassessment meetings for the
individual with exceptional needs and other individualized education
program team meetings for the individual.
56382.  All review and reassessment procedures for individuals with
exceptional needs who are younger than three years of age shall be
provided pursuant to Chapter 4.4 (commencing with Section 56425) and
the California Early Intervention Services Act, Title 14 (commencing
with Section 95000) of the Government Code.
56383.  Pursuant to subsection (b) of Section 300.349 of Title 34 of
the Code of Federal Regulations, after an individual with
exceptional needs is placed in a nonpublic, nonsectarian school under
Section 56366, any meetings to review and revise the pupil's
individualized education program may be conducted by the nonpublic,
nonsectarian school at the discretion of the district, special
education local plan area, or county office of education.  However,
even if a nonpublic, nonsectarian school implements a child's
individualized education program, responsibility for compliance with
this part and with the Individuals with Disabilities Education Act
(20 U.S.C.  Sec. 1400 et seq.) and implementing regulations remains
with the district, special education local plan area, or county
office of education pursuant to subsection (c) of Section 300.349 of
Title 34 of the Code of Federal Regulations.