requirement of ensuring that all initial evaluations are completed within the State-established timeline.Based upon the above, OSEP concludes the State did not satisfy this SpecialCondition. b.A reevaluation that meets the requirements of section 614(a)(2), (b), and (c) of Part Bof the IDEA and 34 CFR §300.303 must be completed for each child with a disabilityno later than 36 months after the date on which the previous evaluation or reevaluation was completed, unless the parent and the local educational agency agreethat a reevaluation is unnecessary.
According to data submitted by DCPS under theFFY 2006 Special Conditions, DCPS had not achieved compliance with therequirement of ensuring that all reevaluations of children with disabilities wereconducted in a timely manner. At the end of the final reporting period for FFY 2006,2,257 reevaluations had not been conducted in a timely manner, with an averagenumber of overdue days of 67.
DCPS reports that 41 percent of triennialreevaluations were provided within the required timeline to children with disabilitieswhose reevaluation deadlines fell during the final reporting period.
DCPS did not provide a description of the strategies it is implementing to reduce thenumber of overdue initial evaluations and placements and/or reevaluations, and, if there was no progress in reducing the number of overdue initial evaluations and placements and/or reevaluations, an explanation for this lack of progress and areevaluation of the procedures it is implementing to reduce the number of overdueinitial evaluations and placements and/or reevaluations,Based upon the above, OSEP concludes the State did not satisfy this SpecialCondition.2)I mplement due process hearing decisions in a timely manner Independent hearing officer determinations must be implemented within the time frame prescribed by the hearing officer, or if there is no time frame prescribed by the hearingofficer, within a reasonable time frame set by DCPS, as required by section 615(f) and (i) of Part B of the IDEA. According to data submitted by DCPS under the FFY 2006 SpecialConditions, DCPS had not achieved compliance with the requirement of ensuring that all due process hearing decisions were implemented in a timely manner. At the end of the finalreporting period under the FFY 2006 Special Conditions, 1,221 hearing decisions have not been implemented in a timely manner.
While this represents a decrease of 67 from the
Section 614(a)(2) and 34 CFR §300.303 require that a reevaluation occur at least once every three years, unless the parents and the local educational agency agree that a reevaluation is unnecessary.
OSEP cannot determine why the number reported in (d) of this section of the State’s final FFY 2006 SpecialConditions Progress Report is not (a) + (b)
DCPS reports that the data includes both “triennial” reevaluations and reevaluations requested “out of cycle”.During the FFY 2005 reporting period, DCPS was able to provide data that specifically addressed the timeliness of “triennial” reevaluations. Because the data reported for FFY 2005 related to triennial reevaluations only, theDepartment cannot make comparisons between the data for FFY 2005 and FFY 2006.