Sec.10-76d-7. Referral

(a) (1) Each board of education shall accept and process referrals for the initial evaluation of a child to determine if the child is a child with a disability from appropriate school personnel, as well as from a child's parents, or from a physician, clinic or social worker, provided the parent so permits. The Department of Education shall make available a standard referral form which shall be used in all referrals for the initial evaluation of a child to determine if the child is a child with a disability.

(2) The board of education shall make available information, understandable to the general public, concerning the procedures for requesting an initial evaluation of a child to all parents and professional staff of such board. Such information shall include, but not be limited to, a description of the general education interventions that are provided to meet the needs of individual children before a referral for a special education evaluation is requested and the special education referral and evaluation process. Such information shall identify at least one person in each school building that parents or professional staff of the board may contact regarding school policies and procedures for special education referrals and evaluations. The board may include such information in the student handbook, on the board’s website or in another location to afford parents and staff access to such information.

(3) A parent is not required to submit the standard referral form for a referral for an initial evaluation to determine if a child is a child with a disability. The board of education shall accept as a referral a concern expressed in writing from the parent of the child that such child be referred for an initial evaluation and such written concern shall be provided to supervisory or administrative personnel of the board or such child’s teacher. The board shall accept a referral that uses terms that clearly indicate a concern that such child may be a child with a disability and should be evaluated for special education identification and services. The date of referral for purposes of this subsection and section 10-76d-13 is the date board personnel receive the referral. The date of referral is not the date the board’s referral form is filled out by the board. Each board of education shall develop a process for accepting referrals from parents who cannot put their request in writing.

(b) If a child is receiving alternative procedures and programs in general education and the board of education of such child receives a referral for an initial evaluation, such board shall (1) accept the referral for an initial evaluation to determine if a child is a child with a disability and shall convene a PPT meeting to consider the referral to determine if an evaluation of the child is appropriate and (2) continue the alternative procedures and programs in general education.

(c) Provision shall be made for the prompt referral to a planning and placement team of all children who have been suspended repeatedly or whose behavior, attendance, including truant behavior, or progress in school is considered unsatisfactory or at a marginal level of acceptance.

(d) If the referral for the initial evaluation is made by someone other than the child’s parent, the board shall provide notice of the referral to the parent no later than five days after the referral is received by the board.

(Effective September 1, 1980; Amended July 1, 2013)