EHBAA(LEGAL) -

Identification

Child Find

  1. Homeless children;
  2. Children who are wards of the state;
  3. Children attending private schools;
  4. Highly mobile children (including migrant children); and
  5. Children who are suspected of being in need of special education but who are advancing from grade to grade.

Private School Students

Preschool Students

Requests and Referrals for Evaluation

District Obligation to Refer

Parental Request

  1. Provide the parent with prior written notice of its proposal to conduct an evaluation consistent with 34 C.F.R. 300.503, a copy of the procedural safeguards notice required by 34 C.F.R. 300.504, and an opportunity to give written consent for the evaluation; or
  2. Provide the parent with prior written notice of its refusal to conduct an evaluation consistent with 34 C.F.R. 300.503, and a copy of the procedural safeguards notice required by 34 C.F.R. 300.504.

Notice of Rights

Initial Evaluation Required

Consent for Initial Evaluation

Wards of the State
  1. Despite reasonable efforts to do so, the district cannot discover the whereabouts of the parent;
  2. The rights of the parent have been terminated; or
  3. The rights of the parent to make educational decisions have been subrogated and an individual appointed by a judge to represent the student has given consent for an initial evaluation.

Time Frame for Completion of Written Report

  1. Not later than the 45th school day following the date on which the district receives written consent for the evaluation from the student's parent. If a student has been absent from school during that period on three or more school days, the period must be extended by a number of school days equal to the number of school days during that period on which the student has been absent; or
  2. For students under five years of age by September 1 of the school year and not enrolled in public school and for students enrolled in a private or homeschool setting, not later than the 45th school day following the date on which the district receives written consent for the evaluation from the student's parent.
Transfer Students
  1. The new school district is making sufficient progress to ensure a prompt completion of the evaluation; and
  2. The parent and the new school district agree to a specific time when the evaluation will be completed.

Psychological Examinations

Eligibility and Reevaluations

  1. The student is between the ages of 3 and 21, inclusive;
  2. The student has one or more of the disabilities listed in federal regulations, state law, or both; and
  3. The student's disability(ies) prevents the student from being adequately or safely educated in the public schools without the provision of special services.

Visual and Auditory Impairments

Determination of Initial Eligibility

Consent for Services

Initial Provision of Services

  1. May not use the procedures in 34 C.F.R. part 300 subpart E (including the mediation and due process procedures) in order to obtain agreement or a ruling that the services may be provided to the child;
  2. Will not be considered to be in violation of the requirement to make FAPE available to the child for the failure to provide the services for which the district requests consent; and
  3. Is not required to convene an ARD meeting or develop an IEP for the child for the services.

Revoking Consent

  1. May not continue to provide services to the child, but must provide prior written notice before ceasing services;
  2. May not use the procedures in 34 C.F.R. part 300 subpart E in order to obtain agreement or a ruling that the services may be provided to the child;
  3. Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further services; and
  4. Is not required to convene an ARD meeting or develop an IEP for further provision of services.

Reevaluations

  1. No more than once a year, unless the parent and the district agree otherwise; and
  2. At least once every three years, unless the parent and district agree that a reevaluation is unnecessary.

Evaluation for Change in Eligibility

Independent Evaluation

At Public Expense

  1. File a due process complaint to request a hearing to show that its evaluation is appropriate; or
  2. Ensure that an independent evaluation is provided at public expense, unless the district demonstrates that the evaluation obtained by the parent did not meet district criteria.

At Private Expense

Prescription Medication

Lumberton ISD

EHBAA(LEGAL)-P

UPDATE 102

DATE ISSUED: 5/7/2015