A student whether or not enrolled in school, may be referred for a special education evaluation by parents, district staff or other persons knowledgeable about the student. Each building principal will designate a person responsible for ensuring that district staff understands the referral process. Referrals are required to be in writing unless the person referring is unable to write. A person who makes a referral orally should be asked to either make the referral in writing or go to the main office of the building for assistance in making the referral.
When a referral is made, the district must act within a 25 school-day timeline to make a decision about whether or not the student will receive an evaluation for eligibility for special education services.
All certificated employees will document referrals immediately upon a referral being made to or by them. All other staff receiving a referral from another person shall notify the guidance team coordinator. The special education department (a) records the referral; (b) provides written notice of the referral to the parent; and (c) advises the building’s school psychologist to collect and review district data and information provided by the parent to determine whether evaluation is warranted.
During the referral period the building’s guidance team will collect and review existing information from all sources, including parents. Examples may include:
- Child’s history, including developmental milestones
- Report cards and progress reports
- Individual teacher’s or other provider’s information regarding the child including observations
- Assessment data
- Medical information, if provided
- Other information that may be relevant to assist in determining whether the child should be evaluated
If the review of data occurs at a meeting, the parent will be invited. The guidance team school psychologist provides written notice to the parents of the decision regarding evaluation, whether or not the parents attend the meeting.
Recommendations regarding evaluation are forwarded to the special education department.
After the building guidance team reviews the request for evaluation and supporting data and does not suspect that the child has a disability, the district may deny the request. In this case written notice, including the reason for the denial and the information used as the basis for the denial, must be given to the parent.
If the determination is that the child should be evaluated, the reviewers shall include information about the recommended areas of evaluation, including the need for further medical evaluation of the student. This information will assist the district in providing parents prior written notice and will assist the district in selecting appropriate evaluation group members. The building psychologist is responsible for notifying parents of the results using prior written notice. When the determination is that the child will be evaluated, parent consent for evaluation and consent for release of appropriate records will be sent with the notice.
The building school psychologist/special education department will seek parental consent to conduct the evaluation. The school district is not required to obtain consent from the biological parent if:
- The student is a ward of the state and does not reside with a parent
- The parent cannot be located, or their rights have been terminated; or
- Consent for an evaluation is given by an individual appointed to represent the student
- When the parent provides consent, the district shall select an evaluation group. The evaluation group is to complete the evaluation with 35 school days after parent consent, unless
- The parents and district agree in writing to extending the timeline
- The parent fails or refuses to make the student available for the evaluation; or
- The student enrolls in another school district after the evaluation is begun but before completion and the parent and new district have an agreement for completion of the evaluation
If a parent does not provide consent, notify the district’s special education coordinator. District special education administrative staff will make a determination as to whether the district wishes to use mediation to seek agreement to evaluate or file a due process hearing to override the parent’s refusal to consent. The district may not override a parent’s refusal to consent for an evaluation if the student is homeschooled or is unilaterally placed in a private school.
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