IDEA promotes pre-referral interventions to address children’s learning and behavioral needs and to reduce unnecessary overidentification of students as having disabilities. MCPS has developed the Educational Management Team (EMT) process to assist schools in identifying student concerns and providing a Multi-Tiered System of Supports (MTSS) to ensure student success.
MCPS promotes the use of scientifically based early reading programs; positive behavioral interventions and supports; diversity training; enhanced instructional program opportunities, including prekindergarten in the elementary schools and ESY program opportunities at the middle school level; and other instructional strategies to improve the academic success of students from prekindergarten through high school. The EMT process provides a framework to address a student’s academic and behavioral challenges by accurately identifying the problem, proposing an appropriate intervention, implementing the intervention with fidelity for a defined timeframe, analyzing the intervention data, and implementing a comprehensive intervention plan.
The EMT may refer a student to an IEP team meeting when, despite a series of documented systematic interventions, analysis of the data shows that the student has not made appropriate progress and staff members have reason to believe the student may have an educational disability that requires special education and related services. The intervention must be implemented with the fidelity that is required by the intervention program. However, if a school staff member suspects that a student has a disability, a referral must be made for consideration of special education and/or related services eligibility prior to exhaustion of all general education interventions or strategies.
Documentation of any general education interventions or strategies used with the student should include the following:
Interventions chosen were targeted for the problem identified;
Data showing that interventions were implemented with fidelity;
Data showing that student progress within the interventions was monitored; and
Data analysis reflecting that the student continued not to meet expectations.
It is critical that the identification, location, and evaluation of students with disabilities occur in a timely manner and that no procedures or practices result in delaying or denying this identification. Local Educational Agencies (LEAs) have an obligation to ensure that evaluations of children suspected of having a disability are not delayed or denied because of the implementation of any general education interventions or strategies. Although schools should continue to identify students at risk for poor learning outcomes, monitor student progress, provide evidence-based interventions, and adjust the intensity and nature of those interventions depending on a student’s responsiveness, this process must be balanced with the LEA's obligation to avoid any unnecessary delay in the identification process.
In General
IDEA states that either a parent of a child or an MCPS representative may initiate a request for an initial evaluation to determine if the child is a child with a disability. 34 CFR §300.301(b). In either case, because MCPS has an affirmative duty to locate, evaluate, and identify students with disabilities who are eligible for special education and related services, a parent need not make a separate referral once the school system has referred the student for an initial evaluation.
IDEA requires that parents/guardians must be provided with a Parental Rights—Maryland Procedural Safeguards Notice upon initial referral or parental request for evaluation.
Prekindergarten Students Attending an MCPS School
Prekindergarten students suspected of having a disability may be referred in writing to the school’s IEP team in the same way that students who are of compulsory school age are referred.
Prekindergarten Students Not Yet Attending an MCPS School
Prekindergarten students not yet attending an MCPS school are referred through the Child Find process.
The IEP team meeting should be scheduled as soon as possible. While neither Maryland law nor IDEA establishes a specific timeline for convening an IEP meeting to review a referral for an initial evaluation, MCPS attempts to schedule meetings within 30 days of receiving the initial referral for evaluation. IDEA requires that an initial evaluation be completed within 60 days of receiving parental consent for the evaluation. Maryland law states an IEP team shall complete the evaluation of a student within (a) 60 days of parental consent for assessments; and (b) 90 days of the public agency receiving a written referral.
Thus, the date of a student’s initial evaluation may not exceed 60 days from the date of parental consent for initial evaluation or 90 days from the date of receiving a written referral, whichever is sooner. If the IEP team fails to convene within this timeframe, the IEP team shall document the reason for noncompliance.
Several steps must be taken after an initial referral is received and prior to an IEP team determining if a student is eligible for special education and related services under IDEA. The process is explained in depth in this handbook.
A public agency shall obtain written parental consent before the initial provision of special education and related services to a student with a disability. A public agency may not provide special education and related services consistent with 34 CFR §300.300 if a student’s parent:
Refuses to provide the public agency consent for the initiation of special education related services; or
Fails to respond to a request by the public agency to provide consent for the initiation of special education and related services.
If a parent refuses to provide consent for the initiation of special education and related services, the public agency may not provide special education and
related services to the student by using procedures described in Regulation .15B and C of this chapter and consistent with 34 CFR §300.300.
Legal Authority:
COMAR 13A.05.01.06