| Referral Procedures |
REFERRAL
Referral for special education eligibility consideration can be initiated at any time for a student who is suspected of having a disability. Either a parent/guardian of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability (§300.301). When a request is received, an LEA must conduct a meeting to review a referral for special education within 10 school days of receipt. A copy of the procedural safeguards must be provided to the parents upon initial referral or parent request for evaluation (§300.504). The referral is reviewed by the parent and a team of qualified professionals that includes individuals described in §300.321 and other qualified professionals, known as the Evaluation Team. In addition, when considering a student who is an English Language Learner, an ESL teacher must be included. This team meets to determine if a special education evaluation is warranted.
Prior to any decision regarding referral of a student to an Evaluation Team for determination of eligibility for special education and related services as a student with a SLD, intensive interventions delivered in the general education setting to alleviate the educational problems shall be provided to the student. However, these interventions must not delay appropriate evaluation if the student is suspected of having a disability, regardless of the number of days or levels in such interventions the student has completed. A direct referral shall be made to the evaluation team if a student’s educational problem(s) are such that a direct referral is warranted and can be supported and documented. A child who has not failed, is making academic progress, and is passing from grade to grade may still be suspected of having a disability (§300.101).
If an LEA declines a request for an evaluation, the LEA must issue a prior written notice as required under §300.503(a)(2), which states, “written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability within a reasonable time (ten school days) before the public agency refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a Free Appropriate Public Education (FAPE) to the child.” A parent can challenge this decision by requesting a due process hearing to resolve the dispute regarding the child’s need for an evaluation.
(Rhode Island Criteria and Guidance for the Identification of Specific Learning Disabilities, 2010)
Prior to any decision regarding referral of a student to an Evaluation Team for determination of eligibility for special education and related services as a student with a SLD, intensive interventions delivered in the general education setting to alleviate the educational problems shall be provided to the student. However, these interventions must not delay appropriate evaluation if the student is suspected of having a disability, regardless of the number of days or levels in such interventions the student has completed. A direct referral shall be made to the evaluation team if a student’s educational problem(s) are such that a direct referral is warranted and can be supported and documented. A child who has not failed, is making academic progress, and is passing from grade to grade may still be suspected of having a disability (§300.101).
If an LEA declines a request for an evaluation, the LEA must issue a prior written notice as required under §300.503(a)(2), which states, “written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability within a reasonable time (ten school days) before the public agency refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a Free Appropriate Public Education (FAPE) to the child.” A parent can challenge this decision by requesting a due process hearing to resolve the dispute regarding the child’s need for an evaluation.
(Rhode Island Criteria and Guidance for the Identification of Specific Learning Disabilities, 2010)
| Referral by a Parent |
| Referral of a Student Not in the RTI Process |
