Step 1: Referral for Assessment

A parent, guardian, teacher, other school personnel, and community members who believe that a child may need special education services may request a special education assessment of the child. The request should be made in writing and provided to the school principal. Once a request for assessment is received at the school, you will be provided a written response within fifteen (15) days, not counting school vacations longer than five (5) days. If the District determines that an assessment is appropriate you will receive two forms, Special Education Assessment Notification, and Special Education Assessment Plan. If the District determines that an assessment of your child is not appropriate you will receive written notice of this decision. You may appeal this decision utilizing one of the dispute resolution processes described in the section, “Your Right to Procedural Safeguards to Resolve Disagreements over What Is Appropriate for Your Child” in this Guide.

The Special Education Assessment Plan describes the types and purposes of the assessments which may be used to determine your child's eligibility for special education services. Before your child can be assessed, you must consent to the assessment by signing the plan. Your school is required to make reasonable efforts to obtain your informed consent for an initial evaluation. You have at least fifteen (15) days from the receipt of the Special Education Assessment Plan to consent to the plan by signing it. The school has sixty (60) days, not counting school vacations greater than five (5) days, from the receipt of your signed Assessment Plan to complete the assessment and hold an IEP meeting. If your child is enrolled or you are seeking to enroll your child in a public school and you refuse to provide consent or if you fail to respond to a request for consent for an initial evaluation the District may, but is not required to, request a due process hearing to obtain an order from an Administrative Law Judge allowing for an evaluation without parental consent. The District cannot override your lack of consent if you have enrolled your child in a private school at your own expense or if you are homeschooling your child.

If a child is a ward of the State and is not living with his or her parent, the District does not need consent from the parent for an initial evaluation if:

• Despite reasonable efforts, the District cannot find the child’s parent;

• The rights of the parent have been terminated in accordance with State law; or

• A judge has assigned the right to make educational decisions to an individual other than the parent.