A school has a duty to make a referral for an initial evaluation for special education services any time it suspects that a child has a disability and a need for special education services under Individuals with Disabilities Education Act (IDEA). You may also initiate a referral for an initial evaluation of your child at any time.
If a parent makes a written request for an initial evaluation for special education services to the director of special education services or an administrative employee of the school district or open enrollment charter school, the district or charter school must respond no later than 15 school days after receiving the request. At that time, the district or charter school must give the parent a prior written notice of whether it agrees to or refuses to evaluate the student, along with a copy of the Notice of Procedural Safeguards. If the school district or charter school agrees to evaluate the student, it must also give the parent the opportunity to give written consent for the evaluation.
Please note that a request for a special education evaluation may be made verbally and does not need to be in writing. Districts and charter schools must still comply with all federal prior written notice and procedural safeguard requirements and the requirements for identifying, locating, and evaluating children who are suspected of being a child with a disability and in need of special education. However, a verbal request does not require the district or charter school to respond within the 15-school-day timeline.
The initial evaluation and the resulting report must be completed no later than 45 school days from the day the school receives your written consent, except that if your child has been absent from school during the evaluation period on three or more school days, the evaluation period must be extended by a number of school days equal to the number of school days that your child has been absent. The school must give you a copy of the evaluation report at no cost.
If your child is under five years of age by September 1 of the school year and not enrolled in public school, or is enrolled in a private or home school setting regardless of age, the initial evaluation and the resulting report must be completed no later than 45 school days from the day the school receives your written consent.
There is an exception to the 45 school day timeline if the school receives your consent for the initial evaluation at least 35 but less than 45 school days before the last instructional day of the school year. In this case, the written report must be completed and provided to you by June 30 of that year. However, if your child is absent from school on three or more days during the evaluation period, the June 30th due date no longer applies. Instead, the general timeline of 45 school days plus extensions for absences of three or more days will apply. Click Button below to continue reading.
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