The Special Education Referral & Identificat

The Special EducationReferral &

Identification Process

The Special EducationThe Special EducationReferral &Referral &

Identification ProcessIdentification ProcessOlivia Mandilk, DirectorOlivia Mandilk, Director

Menlo Park City School DistrictMenlo Park City School DistrictSource:Source: US Department of EducationUS Department of Education andand

Protection and Advocacy, IncProtection and Advocacy, Inc..11/0711/07

Step OneChild is Identified

The child is suspected of having adisability that may require special

education and related services

Child Find

We are required to identify,locate and evaluate

all children with disabilitiesin the state

who need special educationand related services.

When to Refer

A child should not be referred for aspecial education evaluation untilafter the general education programhas modified the child’s program anddocumented that the modificationshave been implemented and have notbeen successful in meeting the child’sneeds.

Referral or Request forEvaluation

A school professional may ask that achild be evaluated to see if he or shehas a disability.Parents may also contact the child’steacher or other school professionalto ask that their child be evaluated.

Request for Evaluation

The request may beverbal or in writing.

Written parental consent is neededbefore the child may be evaluated.

Evaluation Timeline

The evaluation must be completed, andan IEP meeting must be held within

60 daysthe District receives

written parent consentfor the assessment.

Step 2Child is Evaluated

The evaluationmust assess the child

in all areasrelated to the child’ssuspected disability.

Evaluation ResultsThe evaluation results are used todetermine if the child is eligible forspecial education and relatedservices and to make decisions aboutan appropriate educational programfor the child.

Eligibility

To be eligiblefor special education services,a child must meet the criteria

set forth in federal and state lawsand regulations.

If Parents Disagree

• If the parents disagree with theevaluation, they have the right totake their child for an IndependentEducational Evaluation (IEE). Theycan ask that the school system payfor this IEE.

Step 3IEP Meeting is Held andEligibility is Determined

An IEP Meeting of a group ofqualified professionals and theparents review the child’s evaluationresults. Together, they decide if thechild is a "child with a disability," asdefined by IDEA.

Parent Rights

Parents may ask for a hearingto challenge the eligibility decision .

Eligibility

If the child is found to bea "child with a disability,”

as defined by IDEA,he or she is eligible for

special educationand related services.

Eligibility CriteriaThe California special educationeligibility criteria is found inregulations adopted by the StateBoard of Education, in Title 5,California Code of Regulations (C.C.R.)Section 3030.

Eligibility CriteriaThe criteria generally parallel thefederal guidelines in defining"children with disabilities.“[34 Code of Federal Regulations(C.F.R.) Sec. 300.7.]

Eligibility Criteria

Together,the federal and state regulations

establish eligibility criteriafor all students receivingspecial education services.

In order to qualify…

as an individual with a disabilityunder the eligibility criteria,

an assessment must demonstratethat the student's impairment

adversely affects his/hereducational performance and requires

special education.

In order to qualify…

The child must have needsthat cannot be met

by modifying the regular environmentat home or at school

or both.

A Child is not Eligible…

for special educationrelated services

if the child does nototherwise meet the eligibility criteria.

& if his or her educationalneeds are primarily due to:

• Unfamiliarity with the Englishlanguage,

• Temporary physical disabilities,• Social maladjustment, and/or• Environmental, cultural or economic

factors.

The QualifyingDisabilities are:

1. Hearing Impairment;2. Deafness;3. Hearing and Visual Impairments (Deaf/Blind);4. Speech or Language Disorder;5. Visual Impairment;6. Severe Orthopedic Impairment;7. Impairment in strength, vitality, or alertness due to chronic or

acute health problems (Other Health Impairment);8. Autistic-like Behaviors;9. Mental Retardation;10. Emotional Disturbance;11. Specific Learning Disability;12. Multiple Disabilities; and13. Traumatic Brain Injury.

Additional Criteria forPreschoolers

A child, age birth to four yearsand nine monthsmay also qualify

if the IEP Team determinesthat the child meets

the following criteria:

The Child has

an established medical disabilitywhich the IEP Team determines

has a high predictabilityof requiring intensive special education

and services. (EC 56441.11)

Infants and ToddlersThe term "infants and toddlers withdisabilities" means individuals younger than3 years old who need early interventionservices because they are experiencingdevelopmental delay, and whose need isdocumented through assessment andevaluation, and who meets one of thefollowing criteria:

Developmental DelayInfants and toddlers

with a developmental delayin one or more

of the following five areas:1. cognitive development;2. physical and motor development,

including vision and hearing;3. communication development;4. social or emotional development; or5. adaptive development

Developmental DelayDevelopmentally delayed infants andtoddlers are those who are determined tohave a significant difference between theexpected level of development for theirage and their current level of functioning.This determination shall be made byqualified personnel who are recognized by,or part of, a multidisciplinary team,including the parents.

Established RiskInfants and toddlers with established riskconditions are:Infants and toddlers with conditions ofknown etiology or conditions with whichhave a high probability of resulting indevelopmental delay. The conditions shallbe diagnosed by qualified personnelrecognized by, or part of, amultidisciplinary team, including theparents.

Low IncidenceDisabilities

Infants and toddlers who havesolely low incidence disabilities(visual impairments, hearingimpairments and severe orthopedicimpairments).

High Risk forDevelopmental Disability• High risk for a developmental disability exits

when a multidisciplinary team determines that aninfant or toddler has a combination of two ormore of certain factors (A complete list can befound in the California Early InterventionServices Act, Title 14, Article 2, Section 52022).

• Examples include: prematurity of less than 32weeks gestation or low birth weight of less than1500 grams; prenatal substance exposure, positiveinfant neonatal toxicology screen or symptomaticneonatal toxicity or withdrawal.

High Risk for aDevelopmental Disability

High risk for a developmental disabilityalso exists when a multidisciplinary teamdetermines that the parent of the infantor toddler is a person with a developmentaldisability and the infant or toddlerrequires early intervention services basedon evaluation and assessment.

A developmental disabilityshall not be determined

based on:• Temporary physical disability;• Cultural or economic factors;• The normal process of second

language acquisition; or• Manifestation of dialect and

sociolinguistic variance.

Components of theIEP Meeting

The school system schedules and conductsthe IEP meeting. School staff must:

• contact the participants, including theparents;

• notify parents early enough to make surethey have an opportunity to attend;

• schedule the meeting at a time and placeagreeable to parents and the school;

School Staff must:• Tell the parents the purpose, time, and

location of the meeting;• Tell the parents who will be attending; and• Tell the parents that they may invite

people to the meeting who have knowledgeor special expertise about the child.

The IEP Meeting

• The IEP team gathers to talk aboutthe child’s needs and write thestudent’s IEP.

• The parents (and the student whenappropriate) are part of the team.

When Services Begin• Before the school system may

provide special education and relatedservices to the child for the firsttime, the parents must providewritten consent to the IEP.

• The child begins to receive servicesas soon as possible after the parentsprovide consent.

If the ParentDisagrees:

If the parents do not agree with the IEPand placement, they may discuss theirconcerns with other members of the IEPteam and try to work out an agreement. Ifthey still disagree, parents can ask formediation, or the school may offermediation. Parents may request a dueprocess hearing, at which time mediationmust be available.

Step 4Services are Provided

• TCOE staff make sure that the child’s IEPis implemented as it was written.

• Parents are given a copy of the IEP.• Each of the child’s teachers and service

providers has access to the IEP and knowshis or her specific responsibilities forimplementing the IEP. This includes theaccommodations, modifications, andsupports that must be provided to thechild, in keeping with the IEP.

Step 5Progress is Measured &Reported to Parents

• The child’s progress toward the annualgoals is measured, as stated in the IEP.

• His or her parents are regularly informedof their child’s progress and whether thatprogress is enough for the child to achievethe goals by the end of the year.

• Progress reports must be provided toparents at least as often as parents areinformed of their nondisabled children’sprogress.

Step 6The IEP is Reviewed

The child’s IEPis reviewed by the IEP team

at least once a year,or more often if the parentsor school ask for a review.

Parents as Team Membersat IEP Meetings

• Parents, as team members, must beinvited to attend IEP Meetings

• Parents can make suggestions forchanges, can agree or disagree withthe IEP goals, and agree or disagreewith their child’s placement &services.

If Parents Disagree…• with the IEP or placement, they may

discuss their concerns with members ofthe IEP team and try to work out anagreement.

• If parents still do not agree, there areseveral options, including additionaltesting, an independent evaluation, orasking for mediation or a due processhearing

If the IEP is notImplemented…

Parents(or other concerned parties)

may file a complaintwith the

California Department of Education

Step 7Child is Re-evaluated

• At least every three years the child mustbe reevaluated

• This evaluation is often called a "triennial."Its purpose is to find out if the childcontinues to be a "child with a disability,"as defined by IDEA, and what the child’seducational needs are.

• However, the child must be re-evaluatedmore often if conditions warrant or if thechild’s parent or teacher asks for a newevaluation.