(a)

1. (1) Each public agency must ensure that:

   1. (A) The IEP of a child with a disability is reviewed in accordance with 34 C.F.R. §§ 300.320 – 300.324 and 6 CAR § 130-801 et seq.; and
   2. (B) A reevaluation of each child, in accordance with 34 C.F.R. §§ 300.304 – 300.311 and 6 CAR § 130-601 et seq., and 6 CAR § 130-701 et seq., is conducted if the:

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

1. (ii) Child’s parent or teacher requests a reevaluation.
2. (2) In accordance with 34 C.F.R. § 300.303(b) the reevaluation must occur at least once every three (3) years unless the parent and the public agency agree that a reevaluation is unnecessary.
3. (3) A reevaluation may occur not more than once a year unless the parent and the public agency agree otherwise.

(b) Subject to 34 C.F.R. § 300.300(c)(2) and 6 CAR § 130-906, informed parent consent must be obtained in accordance with 34 C.F.R. § 300.300(a)(1) before conducting any reevaluation of a child with a disability.

1. (c) Parental consent is not required before reviewing existing data as part of an evaluation or a reevaluation.