Referral
Initial Evaluations
Reevaluations
Odds and Ends
100
What is Child Find?
The obligation of the school district to locate students residing in the district who may have a disability and in need of special education services.
100
How much time is allowed to compete an initial evaluation?
35 school days
100
What is the maximum amount of time before a re-evaluation is conducted?
At least once every three years.
100
Can a service on the IEP, such as articulation or OT, be dropped if the SLP or OT determines the student no longer needs that service?
A service cannot be dropped or added without a re-evaluation. If the SLP or OT suspects that the student no longer needs the service, then a re-evaluation should be requested.
200
How long does the district have to determine the need for testing after the referral has been made?
25 school days
200
Can the team start the initial evaluation without parent consent?
No. However, if the parent does not provide consent for the initial evaluation, the district may, but is not required to, 1) ask the parent to participate in mediation, or 2) request a due process hearing and ask the ALJ to issue a decision overriding the parent's refusal to provide consent. This does not apply to privately schooled or home schooled students.
200
What is the minimum amount of time before a re-evaluation can be done?
Not more than one year, unless the parent and district agree that a re-evaluation should occur sooner.
200
Once a student has been found eligible for special education services, when must the the IEP be created or, in the case of a re-evaluation, reviewed?
30 calendar days. This includes weekends, holidays, and vacation days.
300
Must a referral for an evaluation be in writing?
Yes. If the referring person is unable to write, district staff should assist the person in making the referral.
300
What three conditions must be met before a student is found eligible for special education?
1) That there is a disability as defined in the regulations; 2) That the disability impacts the student's involvement and progress in the general education curriculum; and 3) That special education and related services are necessary to ameliorate the disability's impact.
300
What is the maximum number of days allowed to conduct a re-evaluation?
35 school days - same as with the initial evaluation.
300
What are some examples of when a district or parent can request a re-evaluation?
1) The student is not progressing and minor changes to the program have not been successful; 2) Teachers or parents feels that additional services are needed or are no longer needed; and 3) District or parent feels that the student no longer qualifies for special education and related services.
400
Is it necessary to notify the parent when a referral has been made?
Yes. The parent is notified that the student has been referred and is provided with a copy of the procedural safeguards.
400
Who is required to sign and date the evaluation summary report?
Each member of the evaluation team to certify that the evaluation summary represents their conclusions. If a team member disagrees with the summary, then that member must write a statement addressing his or her disagreement.
400
Is informed consent required before starting a re-evaluation?
No, so long as the district makes and documents reasonable efforts to obtain the informed consent.
400
Can the district delay an evaluation for a student with a suspected learning disability while the district conducts instructional interventions?
No. Once a referral has been made, the clock starts ticking. However, data from ongoing instructional interventions may be used as part of the evaluation.
500
What kind of data can the team review in making the decision to assess?
Existing data such as information provided by the parent and existing student records.
500
What should the evaluation team do next should the student be determined not to be eligible for special education?
Consider the need for a 504 plan or, if there is one, provide the results to the district person designated as the 504 coordinator.
500
Is it necessary that formal testing be conducted as part of the re-evaluation?
No, if the evaluation team determines that the existing data is sufficient to confirm continued eligibility and to develop or revise the IEP.
500
Must a district conduct a re-evaluation before a student graduates with a diploma or ages out?
A re-evaluation is not necessary.
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