Referral to Special Education or Section 504

Students who do not show adequate progress with the assigned interventions may be recommended for a formal special education assessment. Please read, below, for more information about each part of this process. Information for this section is taken from the Edina Public Schools Special Education website. Please click link here for further information.

Pre-referral interventions are strategies put in place by a classroom teacher or other learning specialist to determine if a student's performance will improve with changes to the curriculum or environment. Interventions are chosen through the Problem Solving Process described on the previous page. If a student's performance improves with interventions, a special education evaluation may not be needed. However, if problems continue despite interventions, a special education evaluation can help determine more specific ways to help the student learn. Minnesota law requires that schools carry out at least two documented pre-referral interventions prior to referring a student for a comprehensive special education evaluation (MDE Q&A: Pre-Referral Interventions). While pre-referral interventions do not require parent permission, parents are an important part of their student's educational team and it is important for parents to know which interventions are being tried as well as the interventions' outcomes. Each school has teams of teachers that meet to discuss student's progress and need for interventions. A representative from this team or the student's classroom teacher will provide parents with information about the student's progress.

A referral simply means a request for evalaution. A referral does not automatically mean that the student has a disability. A referral is most often made by a parent/guardian or the student's classroom teacher. Other individuals may also request an evaluation, please see the EPS Special Education website for more details.

If a teacher (or team of teachers) reviews a student's intervention progress and determines that the interventions have not been successful, the student is referred to the Child Study Team at the student's school. The Child Study Team includes not only teachers but also other student support staff such as school counselors, school psychologists, and school social workers. The Child Study team reviews the student's information (including intervention outcomes) and determines if there is evidence of a potential disability. If this determination is made, the team meets with the student's parents/guardians to discuss an evaluation plan.

An evaluation plan outlines what areas will be assessed (i.e. cognitive, academic, social/emotional) as well as what tests will be used and who will do the tests. An evaluation cannot take place without parental written consent. A Prior Written Notice form requesting permission to evaluate is sent home to parents for their signature shortly after the evaluation-planning meeting. Once parental consent is received, the school district has 30 school days (this does not include weekends or holidays) to complete the evaluation.

If a parent wants to intiate a referral for evaluation, this can be done through a written request to the school. The request should be submitted to the school principal, school psychologist, and classroom teacher. Included in the referral should be information about the reason for referral and details about present concerns for the student. When a parent initiates a referral, the same procedure is followed. The student will be referred to the Child Study Team to determine if there is evidence of a disability. If the determination is made, the team will discuss evaluation planning with the parent. The team will formally respond to the parent request for evaluation whether or not it is determined that evaluation will take place.

When an evaluation is recommended, it means that a parent/guardian or a student's academic team of teachers feels the student may have a disability that is interfering with his or her ability to learn.

The purpose of the special education evaluation is to determine if the student has a disability that qualifies him/her for special education and if he/she requires specialized instruction to make progress in the general education curriculum. The evaluation examines all areas of concern where a disability is suspected.

A special education evaluation can involve many types of assessments. The evaluation may include: formal tests, informal measures, direct observations, review of educational history and, input regarding medical information. Several professionals may be involved, and may include, but are not limited to: the general education teacher, a special education teacher, the school nurse, the school psychologist, a speech-language pathologist, an adapted physical education teacher, occupational therapist, or physical therapist. The evaluation results are summarized in an evaluation report which provides a detailed description of the student's current educational performance and needs. . Parents/guardians receive a copy of the final report. A student's eligibility for special education services is determined by very specific criteria outlined by State and Federal Law.

After the evaluation, the case manager or school psychologist assigned to the student contacts the parents to coordinate a date and time to discuss the results of the evaluation. The evaluation results meeting includes members of the evaluation team along with at least one classroom teacher. The student’s participation is determined on an individual basis with parental input.

If the student is found to meet the eligibility criteria for any of the identified educational disabilities, then the evaluation team will develop an Individualized Education Plan. If the student does not qualify for special education but still struggles in school, he/she will be referred back to the appropriate team of teachers and learning specialists to determine what further interventions might best support the student.

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the u.S. Department of Education. Section 504 regulations require a school district to provide "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability (Office of Civil Rights, FAQ about Section 504). Section 504 plans within the school setting are a school-driven plan designed to ensure that a student with a disability has access to a FAPE. Section 504 plans are separate from Special Education evaluations or IEPs but may be a consideration if the student does not qualify for special education support.

Each Edina School has a 504 Coordinator who guides the school team through the 504 evaluation and qualification process. If a student has a diagnosis of dyslexia made by a provider outside the school system, the team may consider doing a 504 evaluation to determine if there is a need for supports. A 504 evaluation takes into account the report from the outside provider, input from the student's teacher, input from the student's parent, and a review of the student's progress in general education curriculum and interventions. If data from the evaluation indicates the need for further supports, then the student's school team will create a 504 plan. While parents must give permission for the intial 504 evaluation to take place, creation and maintainance of the 504 plan is the responsibility of the school. As needs change or diminish for the student, the school team can make necessary changes to the 504 plan to continue to ensure that a FAPE is being provided. 504 plans are reviewed by the school team at least one time per year. At the time of the review, parents/guardians will be given an updated plan.