Kansas › K.A.R. 91-40-8

K.A.R. 91-40-8

The Kansas Special Education Process Handbook, which the Kansas State Department of Education (KSDE) publishes chapter by chapter, reprints K.A.R. 91-40-8 3 times, in Chapter 3: Initial Evaluation and Eligibility. What follows is each reprint, quoted verbatim from the captured chapters (tools/packets/kansas-packet.txt), including the PDF text layer's line-wrap artifacts, which are reproduced rather than corrected. Where a reprint crosses a page, the quotation is split at the page break rather than bridged across the running head. The handbook reprints the parts of a section a chapter needs, so a reprint may be an excerpt: this is the handbook's text, not the section as the state publishes it, which is not captured here. All dates on this page are quoted from the source, not a deadline calculation performed for you.

01As the handbook reprints it

As the handbook reprints it

Printed in: Chapter 3: Initial Evaluation and Eligibility

Heading, as printed: "K.A.R. 91-40-8. Evaluations."

"(c) As a part of an initial evaluation, if appropriate, and as a part of any reevaluation, each agency shall ensure that members of an appropriate IEP team for the child and other qualiﬁed professionals, as appropriate, comply with the following requirements:"

"(1) The evaluation team shall review existing evaluation data on the child, including the following information:"

"(A) Evaluations and information provided by the parent of the child;"

"(B) current classroom-based, local, and state assessments and classroom-based observations; and"

"(C) observations by teachers and related services providers."

"(2) On the basis of that review and input from the child’s parent, the evaluation team shall identify what additional data, if any, is needed to determine the following matters:"

"(A) Whether the child has a particular category of exceptionality or, in the case of a reevaluation of a child, whether the child continues to have such an exceptionality;"

"(B) what the present levels of academic achievement and educational and related developmental needs of the child are;"

"(C) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and"

"(D) whether, in the case of a reevaluation of the child, any additions or modiﬁcations to the special education and related services currently being provided to the child are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum."

"(d) The team described in subsection (c) may conduct its review without a meeting."

"(e) (1) If the team described in subsection (c) determines that additional data is required to make any of the determinations speciﬁed in paragraph (2) of subsection (c), the agency, after giving proper written notice to the parent and obtaining parental consent, shall administer those tests and evaluations that are appropriate to produce the needed data."

Printed in: Chapter 3: Initial Evaluation and Eligibility

Heading, as printed: "K.A.R. 91-40-8(f)(g)"

"(f) Unless an agency has obtained written parental consent to an extension of time and except as otherwise provided in subsection (g), the agency shall complete the following activities within 60 school days of the date the agency receives written parental consent for evaluation of a child:"

"(1) Conduct the evaluation of the child;"

"(2) conduct a meeting to determine whether the child is an exceptional child and, if so, to develop an IEP for the child. The agency shall give notice of this meeting to the parent as required by K.A.R. 91-40-17(a); and"

"(3) implement the child’s IEP in accordance with K.A.R. 91-40-16."

"(g) An agency shall not be subject to the time frame prescribed in subsection (f) if either of the following conditions is met:"

"(1) The parent of the child who is to be evaluated repeatedly fails or refuses to produce the child for the evaluation."

"(2) The child enrolls in a diﬀerent school before the evaluation is completed, and the parent and new school agree to a speciﬁc date by which the evaluation will be completed."

"(h) In complying with subsection (f), each agency shall ensure that an IEP is developed for each exceptional child within 30 days from the date on which the child is determined to need special education and related services."

Printed in: Chapter 3: Initial Evaluation and Eligibility

Heading, as printed: "K.A.R. 91-40-8. Evaluations."

"(c)As a part of an initial evaluation, if appropriate, and as a part of any reevaluation, each agency shall ensure that members of an appropriate IEP team for the child and other qualiﬁed professionals, as appropriate, comply with the following requirements:"