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MASTERING
THE MAZE
The Special Education Process
Process 1: Referral Through IEP Implementation
Alabama State Department of Education
Office of Student Learning
Special Education Services
August 2019 Edition
Current as of 9, 2018
Alabama State Department of Education, Eric G. Mackey, State Superintendent of Education
The Alabama
State Board of Education and the Alabama State Department of Education do not discriminate on the basis
of race, color, disability, sex, religion, national origin, or age in their programs, activities, or employment and provide
equal access to the Boy Scouts and other designated youth groups. The following person is responsible for handling
inquiries regarding the non-discrimination policies: Title IX Coordinator, Alabama State Department of Education,
P.O. Box 302101, Montgomery, AL 36130-2101, telephone (334) 694-4717.
ALABAMA STATE BOARD OF EDUCATION
Governor Kay Ivey, President
Jackie Zeigler, President Pro Tem, District I
Tracie West, District II
Stephanie Bell, District III
Yvette M. Richardson, Ed.D., District IV
Ella B. Bell, District V
Cynthia McCarty, Ph.D., District VI
Jeffrey Newman, Vice President, District VII
Wayne Reynolds, Ed.D., District VIII
ALABAMA STATE DEPARTMENT OF EDUCATION
Eric G. Mackey, Ed.D., State Superintendent of Education
Jeff Langham, Ed.D., Chief of Staff
Daniel Boyd, Ph.D., Deputy State Superintendent of Education
OFFICE OF STUDENT LEARNING
Elisabeth Davis, Ed.D., Assistant State Superintendent
SPECIAL EDUCATION SERVICES
Crystal Richardson, Program Director
TABLE OF CONTENTS
Acronyms ...........................................................................................................................................................................4
Individualized Education Program (IEP) Team Membership ............................................................................
..
.......7
Early Intervention to Preschool Transition Planning Meeting Documentation......................................................
..
...8
Directions
for Early
Intervention
to
Preschool Transition Planning Meeting Documentation .......
...................
....9
Process Chart
1:
Referral Through
IEP
Implementation
.........................................................
.............
..........
...
..10
Things
to
Remember
When Going
Through Process
1
..................................................................................
.......
11
Annotate Process
..............................................................................................................
............
.......
..........
..........
..1
2
Record
of
Access
to
Student
Records
........................................................................................................................
..13
Guide
for
When Using This
Record
to
Access Student
Records
..........................................................................14
Referral for Evaluation:
Student
Information
.. ..........................................................................................
...
........
..15
Guide for Completing the Referral for Evaluation (Student Information)
........................................................16
Referral
for Evaluation: Historical
Information
... ..................................................
...........
......................................17
Guide for Completing the Referral for Evaluation (Historical
Information)..............
....................
..................18
Referral for Evaluation:
Environmental, Cultural, and/or
Econom
ic
Concerns
..................................................
......19
Guide for Completing the ECEC Page
..............................................................................................................20
Referral
for Evaluation:
IEP Team Recommendations
Page
.............................................................................................................................
21
Guide for Completing the IEP Team
Recommendations
Page
..........................................................................22
Special Education Rights Under the
I
DEA
................................................................................................................23
Guide for When Completing Sp
ecial Education
Rights
.....................................................................
.......
.....
...
..
36
Notice and Invitation to a Meeting
/Consent for Agency Participation
............................................................................................
37
Guide for When to Notice and
Invitation
to a
Meeting/Consent
for Agency
Participation..................
.........
....
38
Notice of
Proposal
or Refusal to Take
Action
....................................................................................
................
..
.
...
41
Guide for When to Use the Notice of Proposal or Refusal to Take
Action.......................................................42
Notice and Consent for Initial
Evaluation
........................................................................................................
.....
..
.44
Guide for When to Use the Notice of and
Consent
for Initial
Evaluation.......................................................45
Notice of Revocation of Consent for Initial
Evaluation
.........................................................................................47
Guide for When to Use the Notice of Revocation of Consent for Initial Evaluation
....................................48
Vision Screening
Form
...............................................................................................................
........................................
49
Hearing Screening
Form
..................................................................................
...........................................................................
50
Observation
Form
.............
........................................................................................................................................................................................
.
51
Guide for When to Use the
Observation
Form
........................................................................................................................
52
Natural
Environment Observation/ELPP Documentation (NEO/ELPP)
.........................................................................
5
3
Guide for When to Use the NEO/ELPP Form...........
......................................
....................................................................................................
55
Family Focus
Interview
/ ELPP
Documentation
........................................................................................................................
56
Guide
for
When
to Use the
Family Focus Interview
/ ELPP
Documentation
Form
...................................................
60
TABLE OF CONTENTS
Notice and
Eligibility Decision Regarding
Special
Education Services: Assessment
......................................61
Guide
for
Things
to
Remember
When
Completing Notice
of Eligibility:
Assessments.........................................63
Notice and
Eligibility
: SLD Only
S
ection
................................................................................................................64
Guide
for
Things
to
Remember
When
Completing Not
ice
of
Eligibility:
SLD Only
Section
. .....................
....65
Notice and
Eligibility
:
Eligibility Decision
Section
...............................................................................................66
Guide for Things to
Remember
When
Completing
Notice of Eligibility:
Eligibility Decision
Section
...............................................................................................................................67
Notice and
Consent
for the
Provision
of Special
Education
Services
...............................................................
..69
Guide for Things to
Remember
When
Completing
the
Notice
and
Consent
for the
Provision
of
Special Education
Services
...................................................................
70
Individualized Education Program
(IEP)
Profile Page
-
First
Page
.............................................................................................................................................71
Guide
for
Completing
the first
page
of the
Profile.....
...........................................................................................72
Profile Page–Second Page
..............................................................................................................................................74
Guide for
Completing
the second page of the
Profile......................................................................................................75
Transition Page
..............................................................................................................................................................78
Guide
for
Completing Transition
Page
................................................................................................................................79
Annual Transition Goals
Page
....................................................................................................................................83
Guide
for
Completing Annual Transition Goals
Page
..............................................................................................................84
Annual
Goal
Page
..........................................................................................................................................................87
Guide
for
Completing Annual
Goal
Page
...............................................................................................................88
Special Education
and Related Service(s)
Page
.......................................................................
..........................
....90
Guide
for
Completing Special Education and Related Service(s) Page
.....................................................................................91
State Testing
Forms
........................................................................................................................................................93
Signature Page
.............................................................................................................................................................94
Child Count Least Restrictive Educational Environment
Codes
..........................................................................
.95
Guide
for
Completing
the
Signature Page
....................................................................................................
.....
...........................96
Persons Responsible
for IEP
Implementation Form
...................................................................................................99
Guide
for
Completing Persons Responsible
for IEP
Implementation Form.....................................................................100
Annual Goals Progress
Report..................................................................................................................................101
Guide
for
Completing Annual
Goals
Progress Report
.........................................................................................................
102
Summary
of
Academic Achievement
and
Functional Performance
(SAAFP)
...................................................103
Guide for Completing (SAAFP
).....
...........................................................................................................................................................................................
106
Functional
Behavioral
Assessment
(FBA)
/
Behavioral Intervention Plan
(BIP)
..........................................................
109
Guide
for
Completing
FBA/BIP
...........................................................................
..................................................
..........................112
TABLE OF CONTENTS
Manifestation Determination Review
.............................................................................................................................................................................
113
Guide
for
Completing
the
Manifestation Determination
Review
...................................................................................................
115
Notice
and
Consent
Regarding
Payment
from
Medicaid Benefits
...........................................................................................................
117
Guide
for
Completing Consent Regarding Payment
from
Medicaid Benefits
.................................................................................
118
Notice
and
Revocation
of
Consent
for
Continued
Provision
of
Special Education
Service
................................................
119
Guide
for
Completing
Notice
of
Revocation
for Continued
Provision
of
Special
Education Services
...............
120
Initial
or
Reevaluation
Written
Agreement
Between
the
Parent
and
the
Public
Agency
...................................................121
Guide for
Completing
the
Written Agreement Between the Parent and the Public Agency
........................................................
122
Written Agreement Between the Parent and the Public Agency to Amend the IEP
.........................................................................
123
Guide for Completing Written Agreement Between the Parent and the Public Agency to Amend the IEP
.................
124
In-State Student Transfer Process
......................................................................................................................
125
Guide for Completing
the
In-State Student Transfer Process...................................................................................126
Notice
of
Transfer
of
R ecords
............................................................................................................................................127
Out-of-State Student Transfer Process.......................
...............................................................
..............
............................
.
128
Guide to
Completing
the
Out-of-State Student Transfer Process
.....................................................................
129
Optional
Forms
IEP
Planning
Sheet
for
Parents
..........................................................................................................................................................................
130
Student Profile Information
.........................................................................................................................................................................................
136
Teacher’s
IEP
Input
Survey
......................................................................................................................................137
Parent’s
IEP
Input
Survey
............................................................................................................................................138
Assessment
of
Student Participation
in
Ge neral Education
Classes
........................................................................139
ABC
Observation Form
.........................................................................................................................................141
Process
1: Referral Through IEP
Implementation
Frequently Asked Questions
Question and Answers:
Intervention Strategies
. ................................................................................................................................................
144
Question and Answers: Referral
..................................................................................................................................................................................
145
Question and Answers: Initial
Evaluation
..................................
..................................................................................................
148
Question and Answers: Eligibility
Process
..................................
..............................................................................................
153
Questions
and
Answers:
IEP
Process
...........................................................................................................................................................................................
158
Question
and Answers:
Assistive Technology
..........................................................................................................180
Question
and Answers:
English Learner (EL) and
the
Special Education Process
................................................184
Question
and Answers:
Transition from Part C Early Intervention
to
Part
B
Preschool
Programs
...............................
185
ACRONYMS
AAA Alabama Alternate Assessment
AAC
Alabama Administrative Code
ABA Applied Behavior Analysis
ADA
Americans with Disabilities Act
ADD Attention Deficit Disorder
ADHD Attention Deficit Hyperactivity Disorder
ADRS Alabama Department of Rehabilitation Services
AEIS Alabama’s Early Intervention System
ALSDE Alabama State Department of Education
AMSI Alabama Middle School Initiative
AMSTI Alabama Math, Science & Technology
APR Annual Performance Report
ARFI Alabama Reading First Initiative
ARI Alabama Reading imitative
AT Assistive Technology
AUT Autism
BCBA
Board-Certified Behavior Analyst
BIP Behavioral Intervention Plan
CCRS College and Career Ready Standards
CRS Children Rehabilitation Services
CEIS Coordinated Early Intervening Services
DB
Deaf-Blindness
DD Developmental Delay
DIBELS
Dynamic Indicators of Basic Early Literacy Skills
DPH Due Process Hearing
ED
Emotional Disability
eGAP
Electronic Grant Application Process
EI
Early Intervention
EL
English Learner
ELPP
Early Learning Progress
ESA
Educational Service Agency
CCEIS
Comprehensive Coordinated Early Intervening Services
Page 4
Process 1: Referral Through IEP Implementation
Table of ContentsTable of Contents
ACRONYMS
ESY Extended School Year
FAPE Free Appropriate Public Education
FBA Functional Behavioral Assessment
HI Hearing Impairment
IAES Interim Alternative Educational Setting
ID Intellectual
Disability
IDEA Individuals with Disabilities Education Act
IEE Independent Educational Evaluation
IEP Individualized Education Program
IFSP Individual Family Service Plan
LEA
Local Education Agency
LEP Limited English Proficiency
LRE
Least Restrictive Environment
MD Multiple Disabilities
MDR Manifestation Determination Review
OHI Other Health Impairment
OI Orthopedic
Impairment
O&M Orientation and Mobility
OSEP
Office of Special Education Programs
OT
Occupational Therapy/Therapist
PBS
Positive Behavioral Supports
PST Problem Solving Team
PT Physical Therapy/Therapist
RIC Regional Inservice Center
SBMH School Based Mental
Health
SEA State Education Agency
SES Special Education Services
SETS Special Education Tracking System
SLD Specific Learning Disability
SLI Speech or Language Impairment
SLP Speech Language Pathologist
Page 5
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
ACRONYMS
SPP State Performance Plan
SPDG State Personnel Development Grant
SSR Student Services Review
TA Technical Assistance
TBI Traumatic Brain Injury
UCP United Cerebral Palsy
VI Visual Impairment
VRS Vocational Rehabilitation Services
Page 6
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
IEP TEAM
MEMBE
RSHIP
AAC pages 525‐526 (3) (a‐i)
The IEP Team is composed of the following:
1. The parent of the student with a disability.
2. Not less than one regular education teacher of the student if the student is or may be participating in
the regular education environment. The regular education teacher must, to the extent appropriate,
participate in the development, review, and revision of the student’s I
EP, including assisting in the
determination of appropriate positive behavioral interventions and supports and other strategies for the
student and the determination of supplementary aids and services, program modifications, and supports for
school personnel.
3. Not less than one special education teacher of the student or, where appropriate, not less than one
special education provider of the student.
4. *A representative of the public agency who is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of students w
ith disabilities; is knowledgeable
about the general education curriculum; is knowledgeable about the
availability of resources of the public
agency; and has the authority to commit agency resources and be able to ensure that IEP services will be
provided. A public agency may designate a public agency member of the IEP Team to also serve as the
agency representative, if the criteria for serving as a public agency representative are met.
5. *An individual who can interpret the instructional implications of evaluation results, who may be a
member of the IEP Team that is described in this section of required members of an IEP Team.
6. At the discretion of the parent or the agency, other individuals who have knowledge or special expertise
regarding the student, including related services personnel, a
s appropriate. The determination of the
knowledge or special expertise of any individual is made by
the party (parents or public agency) who
invites the individual to be a member of the IEP Team.
7. Whenever appropriate, the student with a disability.
8. Career/Technical Education Representative. A representative of career/technical education must be
included as a member of the IEP Team for those children with disabilities who have been referred for, or
are curr
ently receiving career/ technical
education. The IEP of each secondary child with a disability must
show any career/technical education program involvement, as well as needed accommodations and/or
modifications made in the program.
9. Secondary Transition Services Participants. In addition to the participants specified above, if a purpose
of the meeting is the consideration of the postsecondary goals for the student and the transition services
needed to assist the student
in reaching those goals, the public agency must invite the student and, with the
consent of the parent or a student who has reached the age of majority, a representative of any other
agency that is likely to be responsible for providing or paying for transition services. If the student does
not attend the IEP Team meeting, the public agency must take other steps to ensure that the student’s
preferences and interests are considered.
10. Early Intervention Representatives. In the case of a child who was previously served under Part C/Early
Intervention (EI), an invitation to the initial IEP Team meeting must, at the request of the parent, be sent
to
the EI service coordinator or other representatives of the EI system to assist with the smooth transition of
services.
*If an IEP Team Member is serving in two positions at a meeting (e.g., special education teacher is also serving
as someone who can interpret the instructional implications of the evaluation results) he/she should sign his/her
name by each position he/she is representing.
Page 7
Process 1: Referral Through IEP Implementation
Table of Contents
EARLY INTERVENTION TO PRESCHOOL
TRANSITION PLANNING MEETING DOCUMENTATION
Child’s Name: DOB:
Date
letter of notification from EI received: Receiving LEA:
Check
the box below that corresponds with the information received on the Early Intervention Notification letter.
[ ] The child was determined eligible by EI less than 90 days before their third birthday. No transition meeting
will be scheduled. (If this box is checked, the rest of the form will not be completed. EI will be selected as the
Referral Type on the Referral form.)
OR
[ ] EI to convene a Transition Planning Meeting with the LEA representative and the parent(s) of the child. (If this
box is checked, fill out the rest of this form.)
Services student received through the EI Program:
Where were services provided? (Home/Daycare/Clinic/Other)
Does the student attend: Daycare [ ] Mother’s Day Out [ ] Nursery School [ ] Other [ ]
Days/Times Student Attends:
Name/Address of
Program:
Teacher’s Name:
Medication Taken:
Reason for Medication:
Doctor’s Name:
Strengths of the Child:
Needs of the Child:
Additional Information:
Current Evaluations Examiner
Agency
Date
POSITION
PARTICIPANTS
DATE
Parent
Parent
EI Service Provider
LEA Representative
[ ] I GIVE PERMISSION for my child to be referred to the LEA.
[ ] I DO NOT GIVE PERMISSION for my child to be referred to the
LEA.
[
] Parent(s) agreed or requested to have the referral meeting today.
Signature of Parent Date of Signature
ALSDE Approved Feb.
2017
Page 8
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
Table of Contents
DIRECTIONS FOR EARLY INTERVENTION (EI) TO PRESCHOOL
TRANSITION PLANNING MEETING DOCUMENTATION
Purpose(s) of this form:
•
To document transition from EI (Part C) to the public agency (Part B).
•
To document compliance of timelines.
•
To verify that the parent has given permission to refer the student to the public agency.
•
To document that all required persons (parent, EI representative, LEA representative) attended the
meeting.
•
To obtain general information about the preschool student.
When to use this form:
•
When a student is transitioning from EI to the public agency for Part B eligibility determination.
Things to remember when completing this form:
•
Child’s Name is the full
legal name of the child.
•
Mak
e sure
that
the box checked co
rresponds with the informat
ion received
on the Early Intervention
Notification
letter.
•
All
fields
must
be
completed if
a
Transition Meeting
is
held.
Indicate N/A
if
not applicable.
•
Participan
ts
must
include
a parent,
public agency
representative,
and EI
representative.
•
All
required signatures
must
be on
this
form.
•
A
copy
of this
form
should
be provided
to
EI
wh
en
appropriate.
•
The form
is used
to document that the parent, EI, and the public agency discussed transition.
•
If the parent does not attend
the meeting, the referral process cannot proceed.
•
The parent must give permission before the
student is referred to the public agency.
•
The parent must sign and date the form and indicate that he/s
he gives permission for t
he referral
to proceed.
What happens next:
•
If the parent checks, I give permission for my child to be referred to the LEA, and signs the form,
the public agency proceeds with the referral process. If an IEP Team is present a referral meeting
may be held immediately.
•
If the parent check
s, I do not give permission for m
y child to be r
eferred to the L
EA, the pu
blic ag
ency
may not proceed with the referral process.
Page 9
Process 1: Referral Through IEP Implementation
Process Chart
1
SPECIAL EDUCATION
PROCESS
Referral Through IEP
Implementation
Request for Initial Evaluation Received
Provide the parent a completed Notice and Invitation to a
Meeting/Consent
for Agency Participation regarding meeting to
consider request for an evaluation and provide the parent with a copy of the Special Education Rights. Convene the IEP
Team to review the Referral for Evaluation, existing data and request, and determine the need for an evaluation.
Yes, evaluation is needed.
No evaluation is needed.
Obtain Notice and Consent for Initial Evaluation from the parent
prior to conducting the initial evaluation.
Conduct the initial evaluation. The public agency has 60 calendar
days from the date t
he agency receives the signed copy of the Notice
and Consent for Initial Evaluation to conduct the initial evaluation.
Provide the parent a
Notice and Invitation to a
Meeting/Consent
for
Agency Participation regarding initial eligibility determination meeting.
Within 30 calendar days, convene the IEP Team or Eligibility
Committee, including the parent, to determine eligibility for special
education. After eligibility determination, provide the parent a copy
of the Notice and Eligibility Decision Regarding Special Education
Services which includes the evaluation data. If the IEP Team is
making the eligibility decision, an IEP may be developed at this
meeting if the student is eligible. Initial IEP development should
have been checked as a purpose of the meeting on the notice.
Provide the parent a Notice of
Proposal or Refusal to Take
Action.
Re
f
er
t
o
P
ST
I
f
the
p
a
rent
r
ef
u
s
es consent or
fails to respond to a request for
an evaluation, the public agency
has four options. Refer to
explanations on the back of this
chart to view the four options to
consider when this situation
occurs.
If Eligible
If Not Eligible
Refer to PST
The public agency may offer FAPE at this time. Obtain completed Notice and Consent for
the Provision of Special Education Services. Consent may be obtained from the parent at
this time or must be obtained prior to the provision of special education services. *
A meeting to develop the IEP must be conducted within 30 calendar days from the date
of eligibility determination.
Develop an IEP to offer
FAPE if the IEP Team
determined eligibility.
Provide the parent a Notice and Invitation to a Meeting/
Consent for Agency
Participation
to develop the IEP if
the Eligibility Committee, including the parent,
determined eligibility or if Develop Initial IEP was not
checked on the previous notice.
Convene the IEP Team to develop the IEP to
offer FAPE.
If the parent refuses
consent or fails to
respond to a request
to provide consent,
special education
services cannot be
provided. This ends
the process.
Provide the parent a copy of the IEP and the Notice of Proposal or Refusal to Take Action.
*Completed Notice and Consent for the Provision of Special Education Services must be
obtained from the parent prior to the provision of special education services.
ALSDE Approved Feb. 2015
Page 10
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
Things to Remember When Going Through This Process:
1.
Existing data includes any information collected prior to a referral: progress monitoring information;
concerns of parent, teachers, and the student; etc.
2.
If a parent refuses consent or fails to respond to a request to provide consent for the initial evaluation,
the IEP Team has the following four options:
a.
The IEP Team may request that the parent participate in a conference to discuss his/her decision.
b.
The public agency may ask for mediation from the ALSDE.
c.
The public agency may initiate a due process hearing to have an impartial hearing officer to order
an initial evaluation to be conducted over the parent’s objections.
d.
The public agency may decide to accept the parent’s refusal.
Note: If a parent of a child who is home schooled or placed in a private school by a parent at his/her own
expense does not provide consent for the initial evaluation, or the parent fails to respond to a request to
provide consent, the public agency may not use the mediation and/or due process to override procedures
and the public agency is not required to consider the child as eligible for services.
3.
The AAC requires minimum evaluative components to determine eligibility. It is the responsibility of
the IEP Team to determine if additional evaluation data are needed.
4.
Upon completion of the evaluation, a team of qualified professionals (Eligibility Committee), which
includes the parent or the IEP Team, must determine if the student has a disability and if the student is
in need of special education (specially designed instruction) and related services.
5.
The public agency has 60-calendar days from the date of receipt of the signed copy of the Notice and
Consent for Initial Evaluation to conduct the initial evaluation. The public agency has 30-calendar
days from the completion of all evaluations to determine whether the student is a student with a
disability. Public agencies should document the date the agency receives the signed Notice and Consent
for Initial Evaluation from the parent. If a student is determined to be eligible, a meeting to develop
the IEP must be conducted within 30-calendar days from the date of eligibility determination.
6.
For a transfer student who entered the process in one public agency before the initial evaluation was
completed in the previous agency, the parent and the receiving public agency may agree to a specific
timeline. The agreed upon timeline must be documented in writing on the Initial or Reevaluation
Written Agreement(s) Between the Parent and the Public Agency form.
If a parent refuses to give consent for the provision of services, the process ends. If the parent fails to
respond to a request to provide consent, the public agency must document at least two attempts to obtain
consent. The public agency may not initiate a due process hearing to override the parent’s refusal to give
consent for the provision of special education services.
PROCESS CHART 1 SPECIAL EDUCATION PROCESS
Referral Through IEP Implementation
Page 11
Process 1: Referral Through IEP Implementation
Annotate Process
Student
Name:
SSID:
Date
of
Birth:
Name of Process:
:
Process
Create
Date:
All
entries should have
the
entry date
and the
name
of the
person making
the
note.
Example: First Last
name-xx/xx/xx- Notes
ALSDE Approved Feb.
2013
Page 12
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
ALSDE Approved Feb. 2019
RECORD OF ACCESS TO STUDENT RECORDS
STUDENT’S NAME:
DOB:
It is the policy of the Board of Education, in accordance with IDEA, to provide procedural safeguards that
protect the individual confidentiality of all student records. The Board of Education authorizes the
following categories of persons to review any personally identifiable data relating to students with
disabilities:
CATEGORIES OF PERSONS AUTHORIZED TO REVIEW DATA
1. Parents
2. Student
3. State Department of Education Representatives
4. Federal Education Agency Representatives
5. Local Education Agency Representatives*
6. Other State Agency Representatives*
* Limited to those representatives who have a legitimate educational interest in the student’s special education program.
Signature of Person
Reviewing Record
Category
1-6
Reason
for Review
Date of
Review
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
AAC page 539 (8)(d)(1)
Page 13
Process 1: Referral Through IEP Implementation
RECORD OF ACCESS TO STUDENT RECORDS
Purpose(s) of this form:
•
To document the name of the person reviewing the record, the reason for the review, and the date of
the view.
When to use this form:
•
When a request is made for access to and disclosure of a special education student’s records.
Things to remember when completing this form:
•
The special education records are confidential and must be kept in a secure location.
•
Each special education student record must contain a Record of Access to Student Records form. The
parent may inspect and review all educational records relating to identification, evaluation, educational
placement, and provision of Free Appropriate Public Education (FAPE) of his/her child that are
collected, maintained, or used by the education agency.
•
After providing written authorization to the education agency, the parent may have a representative
review his/her child’s records under the same access rights afforded to him/her.
•
The local education agency is responsible for maintaining a log of each request for access to and
disclosure of special education records.
•
The parent, the student’s teacher, and local education agency representatives are not required to sign
each and every time the file is reviewed.
•
If the records of a student contain information on more than one student, the parent or eligible student
may inspect and review or be informed of only the specific information about that student.
What happens next:
•
The education agency must retain a copy of the student’s records containing personally identifiable
information for a period of five (5) years after the termination of the special education program for
which they were used.
•
At the end of the five-year retention period, special education records may be destroyed. To meet the
notice requirement regarding the destruction of records, the education agency must inform the parent
and student (that has reached the age of majority). This may be in the form of a public notice or in a
letter to the parent and student (age 19 and older). Notice must include the years of the records that
will be destroyed and the date of destruction.
•
The education agency is not prohibited from retaining records indefinitely as long as confidentiality is
ensured.
Page 14
Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2018
REFERRAL FOR EVALUATION
Date Received:__________________________________
STUDENT INFORMATION
Student’s Complete Legal Name:
Sex: Grade: Race: Date of Birth:
School/Service Provider:
Parent Name(s):
Address: Primary Phone:
Phone Contact Name:
Other Phone (Opt.):
Primary Language in Home: Phone Contact Name:
Type of Referral: (Select one that represents the type of referral for the student.)
[ ] From Early Intervention [ ] Parent [ ] School Based
Person Referring: Position:
Reason for Referral (List specific concerns):
The referral is based on concerns checked below and/or continuing concerns following interventions:
INSTRUCTIONAL CONCERNS BEHAVIORAL CONCERNS
[ ] Poor
p
ro
g
ress ac
q
uirin
g
p
re-literac
y
skills [ ] Poor attention and concentration
[ ] Poor
p
ro
g
ress ac
q
uirin
g
basic readin
g
skills [ ]
N
oncom
p
liance with teacher directives
[ ] Poor
p
ro
g
ress ac
q
uirin
g
p
re-numerac
y
skills [ ] Excessivel
y
hi
g
h/low activit
y
level
[ ] Poor
p
ro
g
ress ac
q
uirin
g
basic math skills [ ] Difficult
y
followin
g
directions
[ ] Difficult
y
p
roducin
g
written work [ ] Easil
y
frustrated
[ ] Few a
pp
ro
p
riate co
g
nitive learnin
g
strate
g
ies [ ] Extreme mood swin
g
s
[ ] Poor
p
ro
g
ress ac
q
uirin
g
communication skills [ ] Difficult
y
workin
g
with
p
eers
[ ] Difficult
y
p
roducin
g
s
p
eech sounds [ ] Difficult
y
sta
y
in
g
on task
[ ] Othe
r
[ ] Limited ada
p
tive behavioral skills
[ ] Othe
r
[ ] Ina
pp
ro
p
riate social interaction skills
[ ] Othe
r
[ ] Othe
r
[ ]
N
one [ ]
N
one
MEDICAL INFORMATION
1. Does the student exhibit any signs of health, orthopedic, or medical problems? If yes,
what?
[ ] Yes [ ] No
2. Does this student exhibit any behaviors in the classroom which might indicate vision or
hearing problems? If yes, what
?
[ ] Yes [ ] No
3. Does student currently wear glasses? [ ] Yes [ ] No
4. Does student currently wear a hearing aid? [ ] Yes [ ] No
5. Is the student receiving any medication at school and/or at home? If yes, what? [ ] Yes [ ] No
6. Does this student currently use an assistive technology device? If yes, what? [ ] Yes [ ] No
Page 15
Process 1: Referral Through IEP Implementation
Table of Contents
Table of Contents
REFERRAL FOR EVALUATION
Purpose(s) of this form:
•
To provide detailed information regarding the reason(s) for referral.
•
To document the student was instructed by qualified personnel and received data-based interventions prior to
the referral (except for circumstances outlined at the top of the “For IEP Team Use Only” section).
•
To provide adequate information for the IEP Team to determine whether or not to provide an individual
comprehensive evaluation to determine eligibility for special education and related services.
•
To document that the required IEP Team members participated in making this decision.
When to use this form:
•
When a student is referred for an evaluation because he/she is suspected of having a disability.
•
This form may be completed upon acceptance of an out-of-state IDEA transfer student.
Things to remember when considering a referral:
•
Include all required IEP Team members when meeting to discuss the referral for an evaluation.
•
Prior to the meeting, gather any needed information that is available (e.g., PST information, medical
information, copies of the report card, cumulative record, work samples, recent evaluations, etc.).
•
PST or other school personnel referring a regular education student should have completed the entire
REFERRAL FOR EVALUATION form with attached documentation.
•
At the meeting, allow all IEP Team members, including the parent, an opportunity to provide further
information (e.g., reason for referral; instructional/behavioral concerns; medical information; environmental,
cultural and/or economic concerns).
•
Intervention strategies may be waived for:
o
A student who has severe problems that require immediate attention.
o
Three- and four-year-olds, and for five-year-olds who have not been in kindergarten.
o
A student with articulation, voice, or fluency problems only.
o
A student with a medical diagnosis of traumatic brain injury.
o
A student who has been referred by his/her parent.
Things to remember when completing this page:
•
The IEP Team, including the parent, must be convened to complete this form and to make the
recommendations required of this form.
•
The statement written in the Reason for Referral section should clearly explain why the referring person suspects
that this is a student with a disability.
•
For preschool students, the sections titled Instructional Concerns, Behavioral Concerns, and
Historical
Information are not required for completion.
•
If none is checked under Instructional Concerns or Behavioral Concerns, a text explanation is required. You
may indicate “NA” as the text explanation.
What happens next:
•
If a student is referred and the IEP Team decides not to accept the referral for evaluation, the student goes back
to the PST for further interventions. The Notice of Proposal or Refusal to Take Action must be provided
explaining the reason why the referral was not accepted for evaluation.
•
If the referral is accepted, obtain signed consent and proceed with the evaluation.
Page 16
Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2018
HISTORICAL INFORMATION
Have the following been considered?
1. Latest report card. [ ] Yes [ ] No [ ] NA
2. Cumulative records containing grades and attendance. [ ] Yes [ ] No [ ] NA
3. Current work samples. [ ] Yes [ ] No [ ] NA
4. Current interventions and supporting documentation. [ ] Yes [ ] No [ ] NA
5. Other relevant information (from parent/school/other agencies). [ ] Yes [ ] No [ ] NA
6. Relevant evaluations including state assessment results. [ ] Yes [ ] No [ ] NA
7. Student’s grades have:
[ ] Improved each year
[ ] Stayed about the same each year
[ ] Declined each year
[ ] Dropped suddenly
[ ] Data not available
8. Student’s grades in the indicated area(s) of concern
are:
[ ] Above Average
[ ] Average
[ ] Below Average
[ ] Data not available
9. Compared to last year, this student has been absent: [ ] More [ ] Less [ ] About the same [ ] NA
10. Out of school days for year to date, the student has been:
Absent days
Tardy times
Checked out times
Failing to attend class(es) times
11. Has this student ever repeated a grade(s)? If yes, which one(s)/how many times? [ ] Yes [ ] No [ ] NA
12. Has this student been suspended or expelled for disciplinary reasons during the
current school year? If yes, explain.
[ ] Yes [ ] No [ ] NA
13. Has this student been previously referred for special education services? If yes,
note previous referral date.
[ ] Yes [ ] No [ ] NA
14. Did this student qualify for special education services? [ ] Yes [ ] No [ ] NA
15. Has the student received other services such as, Title I, Migrant, 504, EL, etc.? If
yes, which ones?
[ ] Yes [ ] No [ ] NA
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Process 1: Referral Through IEP Implementation
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Things to remember when completing this page:
•
This section does not apply to preschool students and five-year-olds who have not attended
kindergarten.
•
For other students, the IEP Team should consider this page and indicate NA (not applicable) for items
that do not apply.
REFERRAL FOR EVALUATION
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Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2018
ENVIRONMENTAL, CULTURAL, AND/OR ECONOMIC CONCERNS
Use this checklist:
(1) To determine factors impacting a student’s learning and therefore excluding him/her from being identified as a
student with a disability.
(2) To determine whether or not a student needs to be administered a non-traditional intelligence test if there is
environmental, language, cultural, and/or economic concerns checked.
(3) To consider if there has been a lack of appropriate instruction in reading and/or math.
Check each that applies to student.
[ ] Limited experiential background
[ ] Irregular attendance (for reasons other than verified personal illness)
[ ] Transience in school years
[ ] Home responsibilities interfere with learning activities.
[ ] Lack of proficiency in any language (a discrepancy of two or more grade levels or years between
the student’s grade level or age in language and ability).
[ ] Nonstandard English constituting a barrier to learning (only a foreign language or nonstandard
English spoken at home, the language of the home exhibits strong dialectal differences)
[ ] Limited opportunity to acquire depth in English (English not spoken in the home, transience due to
migrant employment of family, dialectal differences acting as a barrier to learning).
[ ] Limited cultural experiences (student does not participate in community activities).
[ ] The student receives other services such as Title I, Migrant, 504, EL, etc.
[ ] Limited participation in supplemental organized learning opportunities, e.g., preschool, Head
Start, after school programs
[ ] NONE OF THE ABOVE APPLY
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Process 1: Referral Through IEP Implementation
Table of Contents
Purpose(s) of this form:
•
To determine if there are environmental, cultural, and/or economic concerns that have affected the
student’s opportunity to learn.
•
To identify any environmental, language, cultural, and/or economic factors that the IEP Team needs to
consider when selecting evaluation procedures for a particular student.
•
To rule out environmental, cultural, and/or economic concerns as the primary cause of the impairment.
When to use this form:
•
Complete this page as part of the referral form.
Things to remember when completing this form:
•
Check each statement that is true about the student.
•
Give thoughtful consideration to each of the items listed to ensure that the student’s background is
accurately represented.
•
The IEP Team should discuss each area checked to determine what impact, if any, the factor has on
learning and/or the type of intelligence test to administer, and/or whether lack of academic instruction
is a contributing factor.
•
Remember that a lack of appropriate instruction in reading or math or the student’s limited English
proficiency may NOT be the determining factor in identifying a student as having a disability.
•
If there are no concerns, check NONE OF THE ABOVE APPLY at the bottom of the page.
What happens next:
•
The IEP Team should utilize information from this form to plan appropriate evaluations for the
student so that nondiscriminatory procedures are used that best reflect the student’s ability (ex:
nontraditional assessments).
•
Record information from this checklist on the Notice and Eligibility Decision Regarding Special
Education Services form. Do not write “See Attached” or indicate the number of checks on the Notice
and Eligibility Decision Regarding Special Education Services. Describe how specific factors may
have influenced the student’s educational performance. If there are no checks, that information should
be included on the Notice and Eligibility Decision Regarding Special Education Services form.
REFERRAL FOR EVALUATION
Page 20
Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2018
FOR IEP TEAM USE ONLY
Details on the Eligibility Report to contain data-based documentation (RTI and PST interventions) for questions 1 -
3 (prong 1) and questions 4 - 7 (prong 2). (questions 4 - 7 may be waived for a child who has severe problems that
require immediate attention, a preschool child, a child with articulation, voice, or fluency problems only, a child with
a medical diagnosis of traumatic brain injury, and a parent referral.) See AAC 290-8-9.03(10)(d)4.
[ ] Yes [ ] No 1. Does data-based documentation support that the child was provided
appropriate instruction in regular education settings by qualified personnel, or
for a preschool child, participation in age-appropriate activities?
[ ] Yes [ ] No 2. Does the reason(s) for the referral have a direct impact on the child’s
educational performance, or for a preschool child, participation in age-
appropriate activities?
[ ] Yes [ ] No [ ] NA 3. Does the child make insufficient progress in meeting age or state approved
grade level standards in areas of suspected disability?
[ ] Yes [ ] No [ ] NA 4. Does data-based documentation of progress monitoring demonstrate valid
implementation of intervention(s)?
[ ] Yes [ ] No [ ] NA 5. Does data-based documentation demonstrate repeated assessment of achievement at
reasonable intervals from multiple sources for the referral concern(s)?
[ ] Yes [ ] No [ ] NA 6. Does data-based documentation demonstrate the ineffectiveness of the
intervention(s) for the referral concern(s)?
[ ] Yes [ ] No [ ] NA 7. Does documentation demonstrate that progress monitoring data was provided to
the child’s parent(s)?
[ ] Yes [ ] No 8. Does the documented data overall support the referral concern(s)?
IEP TEAM RECOMMENDATIONS
[ ] ACCEPTED FOR EVALUATION. Education agency must obtain a signed Notice and Consent for Initial
Evaluation prior to conducting the evaluation.
[ ] NOT ACCEPTED FOR EVALUATION. Education agency must provide the parent with Notice of Proposal or
Refusal to Take Action.
POSITION IEP TEAM MEMBER'S IEP TEAM MEMBER’S SIGNATURE DATE
Parent
Parent
General Education Teacher
Special Education Teacher
LEA Representative
Someone Who Can Interpret The Instructional
Implications Of The Evaluation Results
Student
Page 21
Process 1: Referral Through IEP Implementation
Table of Contents
Things to remember when completing this page:
•
IEP Team should mark Yes, No, or NA for each of the eight (8) questions in the FOR IEP TEAM USE
ONLY section. Information to answer the questions is provided by the Problem-Solving Team (PST)
prior to or at the referral meeting. This information/data verifies:
1)
appropriate instruction was provided in the regular education setting by qualified personnel,
2)
whether or not the student is making insufficient progress on grade-level standards after provision
of research-based interventions,
3)
progress was monitored on a regular basis, and
4)
progress was reported to the parent.
•
Check NA if intervention strategies were waived.
•
The IEP Team members that participate in the meeting must sign this page.
•
The answer to each question listed under the section FOR IEP TEAM USE ONLY should be YES or
NO if the IEP Team decides to accept the referral for further evaluation.
Guidance to Determine Eligibility:
To help answer questions and organize the information and used to complete Prong 1 and Prong 2, the
data-based documentation of concerns should be presented at the referral meeting and used to make the
referral decision. This information should be documented on the Notice and Eligibility Decision
Regarding Special Education Services form and should include such things as appropriate target
behavior, relationship of intervention to target behavior, duration of interventions, integrity of
implementation, and data collection procedures.
What happens next:
•
The IEP Team should carefully review all information presented. If the referral is accepted for
evaluation be sure to check ACCEPTED FOR EVALUATION. The LEA must then obtain a signed
Notice and Consent for Initial Evaluation from the parent.
•
If the IEP Team decides not to evaluate the student check NOT ACCEPTED FOR EVALUATION.
Provide the parent with the Notice of Proposal or Refusal to Take Action that explains why the IEP
Team did not accept the referral for evaluation. Refer the student to the PST.
•
All IEP Team meeting participants must sign the referral form to document his/her attendance in the
referral meeting. Type in the name of each IEP Team participant on the individual signature lines when
completing the form in SETS. Maintain a printed copy with original signatures to be kept on file.
•
If an IEP Team member is serving in two positions at the referral meeting (e.g., special education
teacher is also serving as someone who can interpret the instructional implications of the evaluation
results), he/she must sign his/her name by each position he/she is representing.
REFFERAL FOR EVALUATION
(For IEP Use Only)
Page 22
Process 1: Referral Through IEP Implementation
AAC pages 543-562
SPECIAL EDUCATION RIGHTS
UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)
To Date Provided
You are receiving a copy of Special Education Rights (procedural safeguards) for the following reason(s):
[ ] Required annual copy [ ] Parental request
[ ] Initial referral/Parental request for evaluation [ ] 1
st
State complaint filed
[ ] Disciplinary action resulting in change of [ ] 1
st
Request for due process hearing
placement.
If you have questions or need further assistance in understanding these rights, please
contact:
at
Name Telephone
Number
Federal and state laws create specific rights for those eligible for SES. A copy of those rights must be
given to parents only one time a year, except that a copy must also be given to the parents upon initial
referral or parental request for evaluation, upon the first state com
plaint in a school year and upon the first
request for a due process hearing in a school year, when a decision is made to the disciplinary action that
constitutes a change of placement, and upon request by a parent. The following is an explanation of those
rights. If you would like a further
exp lanation
of any of these rights, you may contact the
individual
named
above; your school principal; the special education coordinator in your school system; or your
superintendent
of schools. If you want another copy of your rights, have any questions, or wish to
arrange
a
conference,
please contact the
individual
named above.
PRIOR
WRITTEN
NOTICE
Your education agency must provide you with prior written notice within a reasonable time before it
proposes or refuses to initiate or change the identification, evaluation, educational placement, or the
provisi on
of a free
appropriate
public
education (FAPE).
The notice must include a full
explanation
of all of
the procedural safeguards available to you; a description of the action proposed or refused by the
education agency; an explanation of why your education agency proposes or refuses to take the action; a
description of other options considered by the Individualized Education Program (IEP) Team and the
reasons why those
options
were
rejected;
a
description
of each
evaluation procedure, assessment, record,
or
report the education agency used as a basis for the proposal or refusal; a description of any other factors
which are relevant to the education agency’s proposal or refusal; sources to contact to obtain assistance in
understanding the rights for special education; a statement indicating that you have protection under the
procedural safeguards;
and if the notice sent to you is not the first referral for
evaluation,
the way by which
you may obtain a copy of the procedural safeguards. The written notice must be
understandable
to the
general public and provided in your native language or other mode of communication, unless it is clearly
not feasible to do so. If your native language or other mode of communication is not a written language,
your
education
agency must take steps to ensure that the
notice
is
translated
orally or by other
means
to you
in your native language or other mode of
communication;
that you
understand
the content of the notice; that
you are provided sources to contact to obtain assistance in
underst anding
the information; and that there is
written evidence that these
requirements
have been met. If your
education
agency offers
parents
the choice
of receiving
documents
by email, you may choose to receive prior written notice by email. Written
notice must be provided to you when your child
graduates
from high school with a
regular diploma
or exits
because he or she has exceeded the age of eligibility for a free
appropriate public
education.
ALSDE Approved Feb. 2013
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Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
ALSDE
Approved
Feb.
2013
PARENTAL
CONSENT
Your education agency must obtain your informed written consent before conducting an initial evaluation,
before the initial provision of special education and related services, or before obtaining additional data as
part of a reevaluation. Your consent to an initial evaluation must not be construed as consent for initial
provision of special education services and related services.
T
he education agency may but is not required to
use the state procedures for mediation and due process hearings to determine whether initial evaluations or
reevaluations may be conducted when you have refused informed written consent. If the hearing officer
upholds your education agency, the education agency may evaluate subject to your rights to appeal the
decision and the child must remain in the current educational placement awaiting the decision of the appeal
unless you and the education agency agree otherwise. If the parent of a child refuses to give consent to the
initial provision of special education and related services, or fails to respond to a request for consent, the
education agency shall not provide special education and related services to the child by utilizing due process
hearing or mediation procedures. In this instance, the education agency will not be considered to be in
violation of the requirement to make available a free appropriate public education to the child and is not
required to convene an IEP Team meeting or develop an IEP for the child. The same applies if, subsequent
to the initial provision of special education and related services, the parent revokes consent in writing and the
public agency provides prior written notice before ceasing services. If the parent revokes consent in writing
after the initial provision of services, the public agency is not required to amend the child’s education record
to remove any references to the child’s receipt of special education and related services
because
of the
revocation
of consent.
Your education agency must obtain your informed consent before it reevaluates your child unless your
education agency can demonstrate that it took reasonable steps to obtain your consent for your child's
reevaluation and you did not respond. If you refuse to consent to your child's reevaluation, the education
agency may, but is not required, pursue your child's reevaluation by using the mediation and/or due process
hearing procedures to seek to override your refusal to consent to your child's reevaluation. As with initial
evaluations, your education agency does not violate its obligations under Part B of the Individual with
Disabilities Education Act (IDEA) if it declines to pursue the reevaluation in this manner. However, if after
at least two attempts to obtain your consent for reevaluation you have not responded, the education agency
may proceed with the reevaluation. Your consent is not required before your education agency may review
existing data as part of your child's evaluation or a reevaluation, or give your child a test or other evaluation
that is given to all children unless, before that test or evaluation, consent is required from all parents of all
children. An education agency may not use a parent's refusal to consent to one service or activity regarding
initial evaluation for special education services to deny the parent or child any other service, benefit, or
activity offered by the education agency for all children, except as required by this part. If you are the parent
of a child who is home schooled or placed in a private school at your own expense, and you do not provide
your informed written consent for your child’s initial evaluation or your child’s reevaluation, or you fail to
respond to a request to provide your informed written consent, the education agency shall not use its consent
override procedures and it is not required to consider your child as eligible to receive equitable services.
Your informed written consent or the informed written consent of an eligible child who has reached the age
of majority (age 19) must be obtained prior to an IEP Team meeting before representatives of participating
agencies who may be
responsible
for
providing
or
paying
for
transition
services may be
invited
to the IEP
Team meeting.
TRANSFER
OF
PARENTAL RIGHTS
AT AGE OF MAJORITY
When a child with a disability reaches the age of majority under state law (age 19) that applies to all children
(except for a child with a disability who has been determined to be incompetent under state law) the
education agency must provide any notice required by this part to both the child and the parents; and all
rights accorded to parents under Part B of the IDEA transfer to the child; all rights accorded to parents
under Part B of the IDEA transfer to children who are incarcerated in an adult or juvenile state or local
correctional institution; and whenever the rights have been transferred, the agency must notify the child and
the
parents
of the
transfer
of rights.
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Table of ContentsTable of ContentsTable of Contents
ALSDE
Approved
Feb.
2013
INDEPENDENT EDUCATIONAL
EVALUATION
You have the right to an independent educational evaluation at public expense if you disagree with an
evaluation obtained by your education agency. However, your education agency may request a due process
hearing to show that its evaluation is appropriate. If the final decision is that the evaluation is
appropriate, you still have the right to an independent educational evaluation, but not at public expense.
If you obtain an independent educational evaluation at private expense, the results of the evaluation must
be considered by your education agency (if it meets agency criteria) in any decision made with respect
to the provision of a free appropriate public education and may be presented as evidence at a due
process hearing. If a due process hearing officer requests an independent educational evaluation as part
of a hearing, the cost of the evaluation will not be at your expense. Each education agency shall
provide you, on request, information about where an independent educational evaluation may be obtained
and the criteria for the independent educational evaluation. Whenever an independent educational
evaluation on is at public expense, the standards under which the evaluation is obtained, including the
location of the evaluation and the qualifications of the examiner, must be the same as the standards that
the education agency uses when it conducts an evaluation. A parent is entitled to only one independent
educational evaluation at public expense each time the public agency conducts an evaluation with
which the parent disagrees.
DIFFERENCE BETWEEN STATE COMPLAINT
AND DUE
PROCESS HEARING
PROCEDURES
The regulations for Part B of IDEA set forth separate procedures for state complaints and for due
process hearings. As explained below, any individual or organization may file a state complaint alleging
a violation of any Part B requirement by an education agency, the ALSDE, or any other public agency.
Only you or an education agency may file a due process hearing request on any matter relating to a
proposal or a refusal to initiate or change the identification, evaluation, or educational placement of a
child with a disability, or the provision of a free appropriate public education to the child. While staff
of the ALSDE generally must resolve a state complaint within a 60-calendar-day timeline, unless the
timeline is properly extended, an impartial due process hearing officer must hear a due process hearing (if
not resolved through a resolution meeting or through mediation) and issue a written decision within
45 calendar days after the end of the resolution period, unless the hearing officer grants a
specific extension of the timeline at your request or the education
agency’s
request.
STATE COMPLAINT
PROCEDURES
Any
individual
or
organization
has a right to file a signed written
complaint allegin g
that a school
system
has
violated
the IDEA or 34 CFR Part 300 and the facts on which the statement is based; to present
allegation(s)
that occurred not more than one year prior to the date that the
complaint
is received; to submit additional
information
either orally or in writing about the
allegations
in the
complaint;
to a written decision within 60
calendar days that addresses each
allegation
in the
complaint
and contains findings of fact and
conclusions
and
the reasons for the final decision; to an extension of the time limit only if exceptional circumstances exist
with respect to a particular complaint; and to procedures for effective implementation of the final
decision, if needed, including technical assistance activities, negotiations, and corrective actions to achieve
compliance.
I
t is permissible for the timeline to be extended if the parent and the education agency agree
to extend the timeline in order to
participate
in mediation to resolve the state
complaint.
The education agency
will respond to the complaint allegations, at the discretion of the education agency, a proposal to resolve the
complaint. An
independent
onsite investigation will occur as determined appropriate by the ALSDE, Special
Education Services (SES) Section.
If
requested,
the SDE,
Special Education Services,
will
provide
you with a
sample form
for filing a state
complaint.
You are not required to use the sample form, however your complaint must include: (1) A statement that
a public agency has violated a requirement of Part B of the IDEA or of this part;
(
2) The facts on which
the statement is based; (3) The signature and contact information for the complainant; and (4) If alleging
violations with respect to a specific child: (a) The name and address of the residence of the child; (b) The
name of the school the child is attending; (c) In the case of a homeless child or youth (within the meaning
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Process 1: Referral Through IEP Implementation
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ALSDE
Approved
Feb.
2013
of Section 725(2) of the
McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a (2)),
available contact information for the child, and the name of the school the child is attending; (d) A
description of the nature of the problem of the child, including facts relating to the problem; and (e) A
proposed resolution of the
problem
to the extent known and
available
to the party at the time the
c omplaint
is filed.
A party filing a complaint must send it to the SES Section of the ALSDE. The party filing the complaint
must forward a copy of the complaint to the LEA or public agency serving the child at the same time the
party files the complaint with the ALSDE. If after reviewing the complaint, the SES determines that it
includes all of the required information and is signed, the 60-day timeline begins on the workday that the
SES received the complaint. A signature requirement is the same that a person would use for any other
legal document such as a bank check or signing a contract. Exceptions may be made for
persons without
the ability to sign their name.
If a written complaint is received that is also the subject of a due process hearing or contains multiple
issues of which one or more are part of that hearing, the state must set aside any part of the complaint
that is being addressed in the due process hearing until the conclusion of the hearing. However, any
issue in the complaint that is not a part of the due process action must be resolved using the time limit
and procedures required. If an issue raised in a complaint filed under this section has previously been
decided in a due process hearing involving the same parties the due process hearing decision is binding
on that issue; and the SEA must inform the complainant to that effect. A complaint alleging a public
agency's failure
to
implement
a due
process hearing decision
must be
resolved
by the SEA.
You have the right to participate in mediation to resolve disagreements under IDEA with an
education agency, whether or not you have requested a due process hearing or have filed a state
complaint. The voluntary mediation will be scheduled by the ALSDE at no cost to you. A qualified
impartial mediator trained in effective mediation techniques and selected by rotation will be provided
and each mediation session will be scheduled in a timely manner and held in a location convenient
to the parties in the dispute. The ALSDE must have a list of qualified mediators, and the mediators
must be knowledgeable of the laws and regulations relating to special education and related services.
The mediators may not be employees of the ALSDE or the education agency involved in the
education or care of your child and must not have a personal or professional conflict of interest.
You may participate without denial or delay of any other rights. If an agreement is reached, a
legally binding written agreement that is signed by the parent and a representative of the
education agency that has the authority to bind the education agency will state the resolution.
All parties sign a confidentiality pledge prior to the beginning of the mediation process to assure
confidentiality of mediation discussions and assurance that discussions may not be used as evidence in
any later due process hearings or civil proceedings. The mediation agreement is enforceable in any
state court of competent jurisdiction or in a district court of the United States. The education agency
may develop procedures that offer an opportunity to meet with a disinterested party at a time and
location convenient to you if you have chosen not to participate in mediation. The benefits of
mediation will be explained by the
disinterested
party to
encourage
the use of mediation.
You may request a due process hearing regarding the education agency’s proposal or refusal to initiate
or change the
id entif ication, evaluation, educational placement,
or the
provision
of a free
appropriate
public education. If you request a hearing, you or your attorney must provide a copy of the written
request (that must be kept
confidential)
to the other party and to the
ALSDE.
If
requested,
the
ALSDE,
Special
Education
Services Section, will provide you with a sample form for
requesti ng
a due
process
hearing.
You are not required to use the sample form; however, your request must include: (1) The name of
the child; (2) The address of the residence of the child or available contact information in the case
of a homeless child; (3) The name of the school the child is attending; (4) A description of the nature
of the problem including facts relating to the problem that occurred within two years of the date the
parent or the education agency knew or should have known about the alleged action that is the
STATE MEDIATION PROCEDURES
DUE PROCESS HEARING PROCEDURES
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basis for the hearing request; and (5) A proposed resolution of the problem to the extent known and
available to you at the time you requested the hearing. The timeline shall not apply to a parent if the
parent was prevented from requesting the hearing due to specific misrepresentations by the
education agency that it had resolved the problem forming the basis of the written request; or the
education agency’s withholding of information from the parent that was required under this part to be
provided to the parent. You or the education agency may not have a due process hearing until you
(or your attorney), or the education agency, files a due process hearing request that includes all of the
information listed above.
If after receiving the due process hearing request the SES Section determines that it includes all of
the required information and is signed, the due process hearing will be initiated and the timeline begins
on the workday received. A signature requirement is the same that a person would use for any
other legal document such as a bank check or signing a contract. Exceptions may be made for persons
without the ability to sign their name.
The party requesting the hearing shall not be allowed to raise issues at the hearing that were not raised
in the written request for a hearing unless the other party agrees otherwise.
The education agency must inform you of any free or low-cost legal and other relevant services available in
the area if you request the information or if you or the education agency requests a hearing.
In order for a due process hearing to go forward, the request must be considered sufficient. The due
process request will be considered sufficient (to have met the content requirements above) unless
the party receiving the due process complaint (you or the education agency) notifies the hearing officer
and the other party in writing, within 15 calendar days of receiving the complaint, that the receiving
party believes that the due process complaint does not meet the requirements listed above. Within five
calendar days of receiving the notification that the receiving party (you or the education agency)
considers a due process request insufficient, the hearing officer must decide if the due process request
meets the content requirements, and notify you and the education agency in writing immediately.
You or the education agency may make changes to the hearing request only if the other party approves of
the changes in writing and is given the chance to resolve the due process request through a
resolution meeting, or no later than five days before the due process hearing begins, the hearing
officer grants permission for the changes. If the complaining party makes changes to the due
process request, the timelines for the resolution meeting and the time period for resolution start again on
the date the amended request is filed.
Within ten calendar days of receiving a copy of your request for a hearing, the education agency
will provide you written notice addressing the concerns of the request for hearing, if it has not previously
done so. The response must include an explanation of why the education agency proposed or refused to
take the action raised in the due process request, a description of other options that the child's
IEP Team considered and the reasons why those options were rejected, a description of each evaluation
procedure, assessment, record, or report the education agency used as the basis for the proposed or
refused action, and a description of the other factors that are relevant to the educational agency’s
proposed or refused action. However, providing this information does not prevent the education agency
from asserting that the due process request was insufficient.
If the education agency files the due process hearing request, you must, within ten calendar days
of receiving the request, send the education agency a response that specifically addresses the issues in
the complaint.
Prior to the opportunity for a hearing, the education agency, within 15 calendar days of receiving
the parents’ request for a hearing, will convene a meeting with the parents and the relevant
member or members of the IEP Team (as determined by the education agency and the parent),
including a member who has decision-making authority on behalf of the education agency, and who
have specific knowledge of the facts identified in the written request for a hearing. The education
agency may not include an attorney of the education agency if an attorney does not accompany the
parent. The purpose of the meeting is for the parents of the child to discuss their hearing issues and
the facts that form the basis of the hearing request.
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The education agency is then provided the opportunity to resolve the hearing issues unless the parents and
the education agency agree in writing to waive such meeting or agree to use the mediation process. If a
resolution is reached at the resolution meeting or mediation, the parties shall execute a legally binding
agreement that is signed by both the parent and a representative of the education agency who has the
authority to bind the education agency. This agreement is enforceable in any state court of competent
jurisdiction or in a district court of the United States. If the parties execute such an agreement, a party
may void such agreement within three business days of the agreement’s execution. If the education
agency has not resolved the hearing issues to the satisfaction of the parents within 30 days of the receipt
of the written request for a hearing, the hearing may occur and all the applicable timelines for a hearing
will commence. A final hearing decision will be reached within 45 calendar days after the hearing
timeline commences (i.e., after the 30-day timeline to resolve the issues has expired) unless the hearing
officer grants a specific extension at the request of either party. A copy of the decision is mailed to each
of the parties.
Except where you and the education agency have both agreed to waive the resolution process or to use
mediation, failure of the parent to participate in the resolution meeting will delay the timelines for
the resolution process and the due process hearing until the parent’s agree to participate in a meeting. If
after making reasonable efforts and documenting such efforts, the education agency is notable to
obtain the parent’s participation in the resolution meeting, the education agency may, at the end of the
30-calendar-day resolution period, request that a hearing officer dismiss your due process request.
Documentation of such efforts must include a record of the education agency’s attempts to arrange a
mutually agreed upon time and place, such as detailed records of telephone calls made or attempted and
the results of those calls; copies of correspondence sent and any responses received; and detailed records
of visits made to the home or place of employment and the results of those visits. If the education agency
fails to hold the resolution meeting within 15 calendar days of receiving notice of the parent’s due
process request or fails to participate in the resolution meeting, the parent may ask a hearing officer to
order that the 45-calendar-day due process hearing timeline begin.
If the parent and the education agency agree in writing to waive the resolution meeting, then the
45-calendar-day timeline for the due process hearing starts the next day. After the start of mediation or
the resolution meeting and before the end of the 30-calendar-day resolution period, if the parent and
the education agency agree in writing that no agreement is possible, then the 45-calendar-day timeline for
the due process hearing starts the next day. If the parent and the education agency agree to use the
mediation process, at the end of the 30 calendar day resolution period both parties can agree in writing
to continue the mediation until an agreement is reached. However, if either party withdraws from
the mediation process, then the 45-calendar-day timeline for the due process hearing starts the next day.
At a minimum a hearing officer must not be an employee of the state education agency or the local
education agency that is involved in the education or care of the child or any person having a personal or
professional interest that would conflict with his or her objectivity in the hearing. A person who otherwise
qualifies to conduct a hearing is not an employee of the education agency solely because he or she is paid
by the education agency to serve as a hearing officer. He or she must possess the knowledge and the
ability to: understand the provisions of the IDEA, federal and state regulations pertaining to the IDEA, and
legal interpretations by federal and state courts; conduct hearings in accordance with appropriate,
standard legal practice; and render and write decisions in accordance with appropriate, standard legal
practice.
Each education agency shall keep a list of the persons who serve as due process hearing officers. The list
must include a statement of the qualifications of each of those persons.
Any party to a hearing has the right to be accompanied and advised by counsel and by individuals with
special knowledge or training with respect to the problems of children with disabilities except state law
prohibits non-attorney representation; present evidence and confront, cross-examine, and compel the
attendance of witnesses; prohibit the introduction of any evidence at the hearing that has not been
disclosed to that party at least five business days before the hearing; obtain a written or electronic
verbatim record of the hearing; and obtain written, or at the option of the parents, electronic findings of
fact and decisions at no cost.
ALSDE Approved Feb. 2013
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Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2013
In addition, you have the right to have the child present, open the hearing to the public, and have the
hearing conducted at a time and place that is reasonably convenient to you at no cost. At least five
business days prior to the hearing, each party shall disclose to all other parties all evaluations completed
by that date and the
recommendations
based on the offering party’s evaluation that the party intends to
use at the hearing. A hearing officer may prevent any party that fails to comply with this
requirement from
introducing
the relevant
evaluations
or
r ecommendations
at the
hearing
without
the
consent
of
the
other
party.
The
decision
of the
hearing officer
is final except
that any party aggrieved
by
the findings and decision made
in a
due process hearing has the right to bring a civil action in any state court of
competent jurisdiction
or in a
district court of the United States without regard to the amount in controversy. An
aggrieved
party must file a
notice of intent to file a civil action with all parties to the hearing within 30 calendar days upon receipt of the
decision of the hearing officer. A civil action in a court of
competent jurisdiction
must be filed within 30 days
of the filing of the notice of intent to file a civil action.
A
hearing officer’s decision on whether
the
child received
a
free appropriate public education must be based
on
substantive
grounds. In
matters alleging
a
procedural violation,
a
hearing officer
may
find that
the
child
did
not
receive
free
appropriate
public
education
only if
the procedural inadequacies interfered
with the
child’s right
to free appropriate public education, significantly interfered with the parent’s
opportunity to participate in the decision-making process
regarding
the
provision
of free
appropriate
public
education
to the child, or
caused
a
deprivation
of an
educational
benefit.
None of the provisions described above can be interpreted to prevent a hearing officer from ordering an
education agency to
comply
with the
procedural safeguards
requirements.
Nothing
in this part should be
interpreted
to
prevent
the parent from
submitting
a
separate
due
process
hearing
request on an issue
separate from
a due
process request
already filed.
During the pendency of the resolution period, a due process hearing, or judicial proceeding, unless you
and the state or your education agency agree otherwise, the child must remain in his or her
current educational placement. If the hearing officer agrees with the parent that a change of
placement is appropriate, that placement must be treated as an agreement
between
the state and the
parent.
If the hearing involves an application for initial admission to public school, the child, with parental consent, must
be placed in the public school until the completion of all the proceedings. If the hearing involves an
application for initial services under Part B from a child transitioning from Part C to Part B and is no longer
eligible for Part C services because the child turned three, the education agency is not required to provide the
Part C services that the child was receiving. If the child is found eligible for special education and
related
services
under Part B, and the parent
consents
to the initial
provision
of
special education
and
related services, then the educational agency must provide those special education and related
services
that
are not in dispute.
However,
if a parent
requests
a due
process hearing regarding
a
disciplinary
action,
placement remains in the alternative education setting pending the decision of the hearing officer
or until the expiration of the time period unless the parent and the education agency agree otherwise.
A request for expedited hearing for
discipline matters must occur within
20
school
days of the date
the hearing
is
requested, and the hearing
officer must make a determination within ten school days after
the hearing.
State
Enforcement
Mechanisms. For enforcement of a written agreement reached as a result of mediation or
a
resolution
meeting, the State Education Agency (SEA) will allow other state
enforcement mechanisms
to
seek enforcement of that agreement, provided that use of those mechanisms is not mandatory and does not
delay or deny a party the right to seek enforcement of the written agreement in a state court of competent
jurisdiction or in a district court of the United States.
CIVIL ACTION
CHILD'S STATUS DURING PROCEEDINGS
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AWARD OF ATTORNEYS’ FEES
In any action or proceeding brought under Part B of the IDEA, the court may award reasonable attorneys’
fees to a prevailing party who is the parent of a child with a disability; or to a prevailing party who is a state
or local education agency against the attorney of a parent who files a hearing request or court case that
is frivolous, unreasonable, or without foundation; or against the attorney of a parent who continued to
litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or to a
prevailing state or local education agency against the attorney of a parent, or against the parent if the
parent’s request or subsequent cause of action was presented for any improper purpose, such as to
harass, to cause unnecessary delay, or needlessly increase the cost of litigation. The fee shall be based on
rates prevailing in the community in which the action or proceeding arose for the kind and quality of
services furnished.
Attorneys’ fees may not be awarded and related costs may not be reimbursed for services performed
subsequent to the time of a written offer of settlement to the parent if the offer is made to the parent ten
calendar days prior to the hearing; the offer is not accepted by the parent within ten calendar days; and
hearing officer or court finds that the hearing decision obtained by the parents was not more favorable to
the parents than the offer of settlement. Also, fees may not be awarded for attendance at any IEP Team
meeting unless the meeting is convened as a result of the hearing officer’s decision or court action.
However, an award of attorneys' fees and related costs may be made to a parent who is the prevailing party
and who was substantially justified in rejecting the settlement offer. A resolution meeting is not
considered an administrative hearing or court action for purposes of the attorney’s fees provisions.
The amount of attorneys’ fees awarded may be reduced if the parent or parent’s attorney, during the
course of the action or proceeding, unreasonably protracted the final resolution of the controversy; the
amount of the attorneys’ fees otherwise authorized to be awarded unreasonably exceeds the hourly
prevailing rate in the community for similar services by attorneys of reasonably comparable skill,
reputation, and experience; the time spent and legal services furnished were excessive considering the
nature of the action or proceedings; or the attorney representing the parent did not provide to the
education agency the appropriate information in the due process hearing request. The preceding items
will not apply in any action or proceeding if the court finds that the state or local education agency
unreasonably protracted the final resolution of the action or proceeding or there was a violation of these
rules.
Your education agency must permit you to inspect and review all education records of your child that
are collected, maintained, or used by the participating agency under Part B of the IDEA. The participating
agency must comply with a request without unnecessary delay and before any meeting regarding an
individualized education program, or hearing relating to the identification, evaluation, educational
placement, or provision of a free appropriate public education, or resolution session is conducted and in
no case more than 45 days after the request has been made. Your right to inspect and review records
includes your right to a response from the participating agency to reasonable requests for explanations
and interpretations of the records; to have your representative inspect and review the records; and to
request that the participating agency provide copies of the records containing the information if failure to
provide those copies would effectively prevent you from exercising your right to inspect and review the
records. The participating agency may not charge a fee to search for or to retrieve information under this
part, but may charge a fee for copies of records which are made for you under this part if the fee does not
effectively prevent you from exercising your right to inspect and review those records. The agency may
presume that you have authority to inspect and review records unless the agency has been advised that
you do not have the authority under applicable state law governing such matters as guardianship, or
separation, and divorce. If any education record includes information on more than one child, you may
review only the information relating to your situation or be informed of that specific information. The
participating agency must provide you, on request, a list of the types and locations of education
records collected, maintained, or used by the participating agency. The participating agency must keep
a record of parties obtaining access to education records collected, maintained, or used (except
access by parents and authorized employees of the participating agency), including the name of the
party, the date access was given, and the purpose for which the party is authorized to review the records.
ALSDE Approved Feb. 2013
ACCESS TO RECORDS
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Process 1: Referral Through IEP Implementation
ALSDE
Approved
Feb.
2013
RIGHTS FOR CHILDREN
Education agencies must afford to the child, rights of privacy similar to those afforded to parents
regarding records taking into consideration the age of the child and type and severity of the disability.
Although the rights of parents under the IDEA transfer to the child at the age of majority (age 19), the
rights of parents regarding educational records under the Family Educational Rights and Privacy Act
(FERPA) at 34 CFR Part 99 transfer to the child at age 18.
CONSENT FOR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
Your consent must be obtained before personally identifiable information is disclosed to parties other
than officials of participating agencies. Except under the circumstances below, your consent is not
required before personally identifiable information is released to officials of participating agencies for
purposes of meeting a requirement of Part B of the IDEA.
Your consent or the consent of an eligible child who has reached the age of 19 must be obtained before
personally identifiable information is released to officials of participating agencies responsible for
providing or paying for transition services. Also, if your child is in or is going to go to a private
school that is not located in the same LEA you reside in, your consent must be obtained
before any personally identifiable information about your child is released between officials in
the LEA where the private school is located and officials in the LEA where you reside.
If you believe that information in your child’s education records collected, maintained, or used under
Part B of the IDEA is inaccurate, misleading, or violates the privacy or other rights of the child, you
may request that the education agency that maintains the information amend the information. The
participating agency must decide whether to amend the information in accordance with your request
within a reasonable period of time of receipt of the request. If the participating agency decides to
refuse to amend the information in accordance with the request, it must inform you of the refusal and
advise you of your right to a hearing. The participating agency shall, on request, provide an
opportunity for a hearing, which complies with FERPA procedures, to challenge information in your
child’s education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the
privacy or other rights. If, as a result of the hearing, it is determined that the information is inaccurate,
misleading, or otherwise in violation of the privacy or other rights of the child, the participating agency
must amend the information accordingly and so inform you in writing. If, as a result of the hearing, it
is determined that the information is not inaccurate, misleading, or otherwise in violation of the
privacy or other rights, the participating agency must inform you of the right to place in the records it
maintains on your child, a statement commenting on the information or setting forth any reasons for
disagreeing with the decision of the participating agency. Any explanation placed in the records must be
maintained by the participating agency as part of the record as long as the record or the contested portion
is maintained by the participating agency. If the records or the contested portion are disclosed by the
participating agency to any party, the explanation must also be disclosed to the party.
DESTRUCTION OF INFORMATION
You must be informed by the public agency when personally identifiable information collected,
maintained, or used under Part B of the IDEA is no longer needed to provide education services to your
child. The information must be destroyed at your request. However, a permanent record of a student’s
name, address, and phone number, his or her grades, attendance record, classes attended, grade level
completed, and year completed may be maintained without time limitation. Information must be
destroyed in a manner that maintains confidentiality.
CHILDREN WITH DISABILITIES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS
WHEN FREE APPROPRIATE PUBLIC EDUCATION IS AT ISSUE
Part B of the IDEA does not require an LEA to pay for the cost of education, including special education
and related services, of your child with a disability at a private school or facility if the LEA made FAPE
AMENDMENT OF RECORDS AS PARENT'S REQUEST
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available to your child and you choose to place the child in a private school or facility. However, the
public agency where the private school is located must include your child in the population whose needs
are addressed under the Part B provisions regarding children who have been placed by their parents in a
private school. Disagreements between the parents and the public agency regarding the availability of a
program appropriate for the child and the question of financial reimbursement, are subject to the due
process procedures. If the parents of a child with a disability who previously received special education
and related services under the authority of an public agency enroll the child in a private elementary or
secondary school without the consent of or referral by the public agency, a court or a hearing officer may
require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer
finds that the agency had not made a free appropriate public education available to the child in a timely
manner prior to that enrollment. The cost of reimbursement may be reduced or denied if at the most
recent IEP meeting that the parents attended before removal of the child from the public agency, the
parents did not inform the IEP Team that they were rejecting the placement proposed by the public
agency to provide a free appropriate public education to their child, including stating their concerns and
their intent to enroll their child in a private school at public expense; or at least ten business days
(including any holidays that occur on a business day) prior to the removal of the child from the public
agency, the parents did not give written notice to the public agency that they were rejecting the offered
placement; or prior to the parents’ removal of the child, the public agency informed the parents of its
intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate
and reasonable), but the parents did not make the child available for such evaluation; or a judicial finding
of unreasonableness with respect to actions taken by the parents is found. EXCEPTION: The cost of
reimbursement shall not be reduced or denied for a parent’s failure to provide such notice if the school
prevented the parent from providing such notice, the parent had not received this document, or
compliance with this requirement would likely result in physical harm to the child; and may in the
discretion of a court or hearing officer not be reduced or denied for failure to provide such notice if the
parent is not literate and cannot write in English; or compliance would likely result in serious emotional
harm to the child.
DISCIPLINE
Authority
of
School
Personnel
School personnel may consider any unique circumstances on a case-by-case basis when determining
whether a change in placement, consistent with the other requirements of this section, is appropriate for a
child with a disability who violates a code of student conduct.
School personnel under this section may remove a child with a disability who violates a code of student
conduct from his or her current placement to an appropriate interim alternative educational setting,
another setting, or suspension, for not more than ten consecutive school days (to the extent those
alternatives are applied to children without disabilities), and for additional removals of not more than ten
consecutive school days in that same school year for separate incidents of misconduct (as long as those
removals do not constitute a change of placement).
After a child with a disability has been removed from his or her current placement for ten school days in
the same school year, during any subsequent days of removal, the education agency must provide services
to the child with a disability who is removed from the child’s current placement. The child must continue
to receive educational services, so as to continue to participate in the general education curriculum,
although in another setting, and to progress toward meeting the goals set out in the child’s IEP, and
receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and
modifications, that are designed to address the behavior violation so that it does not recur.
For disciplinary changes in placement that would exceed ten consecutive school days, if the behavior that
gave rise to the violation of the school code is determined not to be a manifestation of the child’s
disability, school personnel may apply the relevant disciplinary procedures to children with disabilities in
the same manner and for the same duration as the procedures would be applied to children without
disabilities, except that the child must continue to receive educational services. The educational services
may be provided in an interim alternative setting.
An education agency is only required to provide services during periods of removal to a child with a
disability who has been removed from his or her current placement for ten school days or less in that
school year, if it provides services to a child without disabilities who is similarly removed.
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After a child with a disability has been removed from his or her current placement for ten school days in
the same school year, if the current removal is for not more than ten consecutive school days and is not
a change of placement, school personnel, in consultation with at least one of the child’s teachers,
determine the extent to which services are needed so as to enable the child to continue to participate
in the general education curriculum, although in another setting, and to progress toward meeting the
goals set out in the child’s IEP. If the removal is a change of placement, the child’s IEP Team determines
appropriate services.
Change of Placement Because of Disciplinary Removals
The child’s IEP Team determines the interim alternative educational setting for services. For purposes of
removals of a child with a disability from the child’s current educational placement, a change of
placement occurs if the removal is for more than ten consecutive school days, including partial school
days of a half day or more, or the child has been subjected to a series of removals that constitute a pattern
because the series of removals total more than ten school days in a school year, because the child’s
behavior is substantially similar to the child’s behavior in previous incidents of misconduct that resulted
in the series of removals, and because of such additional factors as the length of each removal, the total
amount of time the child has been removed, and the proximity of the removals to one another. The
education agency (a minimum of an administrator and the student’s special education teacher) determines
on a case-by-case basis whether a pattern of removals constitutes a change of placement. This
determination is subject to review through due process and judicial proceedings.
Notification
On the date on which the decision is made to make a removal that constitutes a change of placement of a
child with a disability because of a violation of a code of student conduct, the education agency must
notify the parents of that decision, and provide the parents with a copy of the Special Education Rights.
Manifestation Determination
1. Within ten school days of any decision to change the placement of a child with a disability because of
a violation of a code of student conduct, the education agency, the parent, and relevant members of
the child’s IEP Team (as determined by the parent and the education agency) must review all
relevant information in the student’s file, including the child’s IEP, any teacher observations, and any
relevant information provided by the parents to determine if the conduct in question was caused by,
or had a direct and substantial relationship to, the child’s disability, or if the conduct in question was
the direct result of the education agency’s failure to implement the IEP.
2. The conduct must be determined to be a manifestation of the child’s disability if the education
agency, the parent, and r
elevant members of the child’s IEP Team determine that either condition
is met.
3. If the education agency, the parent, and relevant members of the child’s IEP Team determine that there
was a failure to implement the IEP, the education agency must take immediate steps to remedy
those deficiencies.
Determination that Behavior was a Manifestation If the education agency, the parent, and
relevant members of the IEP Team make the determination that the conduct was a manifestation of
the child’s disability, the IEP Team must:
1. Conduct a functional behavioral assessment, un
less the edu
cation agency
had con ducted a
functi
onal
behavioral assessment dur
ing the previ
ous 18 months befor
e the beh
avior that resulted in the
c h
ange of
placement occurred, and implement a behavioral intervention plan for the child, or
2. If a behavioral intervention plan already has been developed, review the behavioral intervention plan,
and modify it, as necessary, to address the behavior, and
3. Re
turn the child to the
placement from whic
h the child was removed, u
nless the pare
nt and the
education
agency agree to a change of placement as part of the modification of the behavioral intervention plan.
ALSDE Approved Feb. 2013
Page 33
Process 1: Referral Through IEP Implementation
Table of Contents
Special Circumstances School personnel may remove a student to an interim alternative educational
setting for not more than 45 school days without regard to whether the behavior is determined to be a
manifestation of the child’s disability, if the child:
1.
Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function
under the jurisdiction of the Department of Education or an education agency,
2.
Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while
at School, on school premises, or at a school function under the jurisdiction of the Department of
Education or an education agency, or
3.
Has inflicted serious bodily injury upon another person while at school, on school premises, or at a
school function under the jurisdiction of the Department of Education or an education agency.
Definitions For purposes of this section, the following definitions apply:
1.
Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in
Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
2.
Illegal drug means a controlled substance, but does not include a controlled substance that is legally
possessed or used under the supervision of a licensed health-care professional or that is legally
possessed or used under any other authority under that Act or under any other provision of Federal law.
3.
Serious bodily injury has the meaning given the term “serious bodily injury” under paragraph (3) of
subsection (h) of Section 1365 of title 18, United States Code.
4.
Weapon has the meaning given the term “dangerous weapon” under paragraph (2) of the first
subsection (g) of Section 930 of title 18, United States Code.
Appeal The parent of a child with a disability who disagrees with any decision regarding disciplinary
placement or the manifestation determination, or an LEA that believes that maintaining the current
placement of the child is substantially likely to result in injury to the child or others, may appeal the
decision by requesting a due process hearing.
Authority of Hearing Officer A hearing officer hears and makes a determination regarding an appeal
under this section. In making the determination, the hearing officer may return the child with a disability
to the placement from which the child was removed if the hearing officer determines that the removal was
a violation of disciplinary requirements, or that the child’s behavior was a manifestation of the
child’s disability, or order a change of placement of the child with a disability to an appropriate interim
alternative educational setting for not more than 45 school days if the hearing officer determines that
maintaining the current placement of the child is substantially likely to result in injury to the child or to
others. The procedures may be repeated, if the education agency believes that returning the child to
the original placement is substantially likely to result in injury to the child or to others.
Expedited Due Process Hearing Whenever a hearing is requested, the parents or the education agency
involved in the dispute must have an opportunity for a due process hearing.
1. The Department of Education is responsible for arranging the expedit
ed due proce
ss hearing due to
disciplinary action, which must occur within 20 school days of the date the hearing request is filed. The
hearing officer must make a determination within ten school days after the hearing.
2. Unless the parents and
education agency agr
ee in writing to waive the r
esolutio
n meeting, or agree to
use the mediation process, a resolution meeting must
occur within seven calendar days of
receiving notice of the due process hearing request, and
3. The due process hearing may proceed unless the matter has been resolved to the satisfaction of both
parties within 15 calendar days of the receipt of the due process hearing request.
4. The decisions on expedited due process hearings are appealable.
ALSDE Approved Feb. 2013
Placement During Appeals When an ap
peal has been made by either the parent or the educational
agency,
th
e
child
must
remain
in
the
interim
alternativ
e
educatio
nal
setting
pending
the
decision
of
th
e
hearing
officer
or
until
the
expiration
of
the
time
period,
whichev
er
occurs
first,
unless
the
p
arent
and
education agency
agree otherwise.
Page 34
Process 1: Referral Through IEP Implementation
Protections for Children Not Determined Eligible for Special Education and Related Services
A child who has not been determined to be eligible for special education and related services under this
part and who has engaged in behavior that violated a code of student conduct, may assert any of the
protections provided for in this part if the education agency had knowledge, as specified below, that the
child was a child with a disability before the behavior that precipitated the disciplinary action occurred.
A public agency must be deemed to have knowledge that a child is a child with a disability if before the
behavior that precipitated the disciplinary action occurred if:
1. The parent of the child expressed concern in writing to supervisory or administrative
personnel of t
he
appropriate educational agency, or a teacher of the child, that the child is in nee
d of spe
cial education
and related services,
2. The parent of the child requested an evaluation of the child, or
3. The teacher of the child, or other personnel of the education agency, expressed s
pecific concern
s
about a pattern of behavior demonstrated by the child directly to the director of speci
al education of
the agency or to other supervisory personnel of the agency.
Exception A public agency would not be deemed to have knowledge if the parent of the child has
not allowed an evaluation of the child, or has refused services under this part, or the child has been
evaluated and determined to not be a child with a disability under this part.
Conditions that Apply if No Basis of Knowledge
1.
If a public agency does not have knowledge that a child is a child with a disability prior to taking
disciplinary measures against the child, the child may be subjected to the disciplinary measures
applied to children without disabilities who engage in comparable behaviors.
2.
If a request is made for an evaluation of a child during the time period in which the child is subjected to
disciplinary measures, the evaluation must be conducted in an expedited manner. Until the evaluation is
completed, the child remains in the educational placement determined by school authorities, which can
include suspension or expulsion without educational services.
3.
If the child is determined to be a child with a disability, taking into consideration information from the
evaluation conducted by the education agency and information provided by the parents, the education
agency must provide special education and related services in accordance with this part.
Referral to and Action by Law Enforcement and Judicial Authorities
Nothing in this part prohibits an agency from reporting an alleged crime committed by a child with a disability
to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their
responsibilities with regard to the application of federal and state law to crimes committed by a
child with a disability.
Whenever law enforcement or judicial authorities are contacted by a public agency personnel reporting an
alleged crime committed by a child with a disability, the IEP Team must, within two weeks of the child’s
return to school setting:
1. If a public agency does not have knowledge that a child is a child with a disability prior to taking
disciplinary measures against the child, the child may be subjected to the disciplinary
measures applied to children without disabilities who engage in comparable behaviors. Conduct a
functional behavioral assessment unless the LEA has conducted a functional behavioral
assessment during the previous 18 months before the behavior that resulted in the
c
hange of
placement occurred, and implement a behavioral intervention plan for the child, or
2. If the behavioral intervention plan already has been developed
, review the behavioral interventi
on and
modify i
t, as necessary, to address the behavior.
Transmittal of Records
1. An
agency reporting an alleged crime committed by a child with a disability must ensure
that
education and discipli
nary records of the child are transmitted for con
sideration by the
appropriate
authorities to whom the agency reports the crime.
2. A
n agency reporting an alleged crime under this section may transmit copies of the c
hild’s special
education and disciplinary records only to the extent that the transmission is permitted by the FERPA.
ALSDE Approved Feb. 2013
Page 35
Process 1: Referral Through IEP Implementation
SPECIAL EDUCATION
RIGHTS
UNDER THE
IDEA
Purpose(s) of this form:
•
To fully inform the parent or student (age 19 and older) of his/her rights.
When to use this form:
•
The parent or student (age 19 and older) must be given a copy of the rights.
•
When a student is initially referred for an evaluation or when the parent requests an evaluation.
•
Upon receipt of the first state complaint in a school year.
•
Upon receipt of the first due process hearing request in a school year.
•
Not later than the date on which the decision is made to take disciplinary action resulting in a change
of placement.
•
Upon request by the parent.
•
At least once a
y
ear (the ALSDE is requesting that LEAs provide a copy of the Special Education Rights at
the annual IEP Team meeting and document the date provided on the signature page of the IEP).
NOTE: LEAs are no longer required to provide a copy of Special Education Rights with each notice.
Things to remember when completing this form:
•
Take time to explain these rights to the parent so that they make an informed decision
.
•
Explain the rights that apply at the time of the meeting.
Page 36
Process 1: Referral Through IEP Implementation
ALSDEApprovedMarch2017
☐
Determine if Referral requires Evaluation (Provide
Special Education Rights)
☐
Discuss the Need for Additional Data Collection
☐
Determine Initial or Continued Eligibility
☐
Develop an Initial IEP
☐
Develop an Annual IEP or Revise the current IEP
☐
Conduct an Annual Review of the current IEP
☐
Discuss Transition / Postsecondary Services
☐
Conduct Manifestation Determination
☐
Develop Functional Behavioral Assessment Plan
☐
Develop/Revise/Discuss Behavioral Intervention
Plan
☐
Conduct a Resolution Session
☐
Other Reason to meet:
☐
Local Education Agency (LEA) Representative
☐
Someone Who Can Interpret the Instructional Implications of
the Evaluation Results
☐
General Education Teacher
☐
Special Education Teacher
☐
Parent
☐
Student notified on via
☐
Career / Technical Representative
☐
Agency Representative(s) for Transition (with parental
consent / student age 19)
Agency Name(s):
Agency notified via:
on
☐
Other:
☐
Other:
NOTICE AND INVITATION TO A MEETING/CONSENT FOR AGENCY PARTICIPATION
To: Date Notice Sent:
Name of Parent or Guardian
This notice is to invite you to a meeting for student , DOB to be held:
Meeting Date: Time: Location:
The purpose of this meeting is to: The following people will be invited to meet with us:
Because your input is important to us, we encourage you to make every effort to attend this meeting. If you would like to participate
by phone, please call the person below to make arrangements. You may bring other people whom you feel will be helpful to you in
this process. If your child is transitioning from Early Intervention, you may request that
an invitation be sent to the Early Intervention
Program for the initial IEP Team meeting.
If you require notice and an explanation of your rights in your native language, the LEA/agency will accommodate you to ensure your
understanding. You are fully protected under the rights addressed in your copy of the Special Education Rights document. If you
want another copy of your rights, have any questions, wish to arrange a conference, or ne
ed additional accommodations please
contact:
ator
Contact Name
Telephone number Email me
FOR SCHOOL PERSONNEL - Documented attempts to contact parent/student (age 19) for the IEP Team meeting.
Results of 1
st
Attempt:
2
nd
Attempt Date: Action / Result:
PARENT – STUDENT (Age 19 or older)
Please check one of the followin
g
boxes, si
g
n, date, and return this form to the contact (above) before:
☐
I WILL be able to meet with you on the scheduled date and time.
☐
I will NOT be able to meet on the scheduled date and time, but would like to reschedule, please contact me at
☐
I will NOT be able to attend the meeting. The meeting may proceed without me.
Please check one of the following boxes if agency(s) were invited (see if checked above):
☐
I
Give consent for the representative(s) from the other transition agency(s) to attend the meeting.
(Excluding the following agency(s): )
☐
I DO NOT give consent for representative(s) from the other transition agency(s) to attend the meeting.
Signature of Parent or Student (Age 19) Date
Page 37
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
NOTICE AND INVITATION TO A MEETING/CONSENT
FOR AGENCY PARTICIPATION
Purpose(s) of this form:
•
To inform the parent and student (age 19 and older) of the purpose(s) of the IEP Team meeting and provide
the parent or student (age 19 and older) with an opportunity to attend, participate by phone, etc.
•
To document that the parent or student (age 19 and older) has been invited to an IEP Team meeting within a
time frame that allows the parent or student (age 19 and older) time to respond and reschedule if necessary.
•
To provide documentation that all required persons were invited to the meeting, including the student at age
16 and older. Students who will be age 16 during the implementation of the IEP must be invited to the IEP
Team meeting even if they are age 15 at the time of the IEP Team meeting.
•
To verify that the parent or student (age 19 and older) has received an invitation in their native language.
•
To document attempts to contact the parent or student (age 19 and older) regarding the meeting.
•
To inform the parent or student (age 19 and older) who to call to make arrangements if they would like to
participate in the meeting by phone.
•
To inform the parent of the right to have a representative attend the initial IEP Team meeting for a child
transitioning from EI to preschool. The parent is responsible for informing the public agency that they
want a representative from EI to be invited.
•
To document consent of the parent or student (age 19 and older) to include or exclude other agency
representatives who may be responsible for providing or paying for transition services if one of the purposes
of the meeting is to consider transition services.
•
To document an annual review of the current IEP.
•
To document that the parent has been invited to the annual review meeting.
When to use this form:
•
Send this form to the parent or student (age 19 and older) every time an IEP Team meeting is scheduled.
•
Purposes of meetings:
o
Determine if Referral requires Evaluation
o
Discuss the Need for Additional Data Collection
o
Determine Initial or Continued Eligibility
o
Develop Initial IEP
o
Develop Annual IEP or Revise Current IEP
o
Conduct Annual Review of the Current IEP
o
Discuss Transition/Postsecondary Services
o
Conduct Manifestation Determination
o
Develop Functional Behavioral Assessment Plan
o
Develop/Revise Behavioral Intervention Plan
o
Conduct a Resolution Session
o
Other
Things to remember when completing this form:
•
The date, time, and location of the meeting should be documented at the top of the page.
•
Check all possible purposes of the meeting before sending the invitation. Purpose(s) of the meeting for which the
parent or student (age 19 and older) have not been provided in the invitation may not be addressed unless the
parent or student (age 19 and older) is in attendance and agrees to discuss the unchecked item(s). If this occurs
it should be documented.
•
Invite all IEP Team members required for the purpose(s) of the meeting.
•
If the parent or student (age 19 and older) requests to participate by phone, ask the parent or student
(age 19 and older) to check I WILL BE ABLE TO MEET WITH YOU. Ensure that you have the
number where the parent or student (age 19 and older) can be reached at the scheduled time of the meeting.
•
Include a copy of the Special Education Rights if the purpose of the meeting is to determine if the referral
requires an evaluation.
•
Type the name of the person signing as the education agency official in the space provided when completing
the form in SETS.
Page 38
Process 1: Referral Through IEP Implementation
NOTICE AND INVITATION TO A MEETING/CONSENT
FOR AGENCY PARTICIPATION
(Continued)
•
Record the date that the invitation was sent to the parent and student (age 19 and older) and the results. If
there
is no response (or if t he response is to reschedule the meeting) after the first invitation is sent, a second
contact must
be made and the date of the contact recorded on this form. The action and results of the second
contact must be documented.
•
Agency representatives for transition who may be providing or paying for transition services may
be invited to the IEP meeting but cannot attend without consent from the parent or student
(age 19 and older).
What happens next:
•
If the parent or student (age 19 and older) checks “I WILL be able to meet with you on the scheduled date
and time,” no further action is required with this form. If the parent or student (age 19 and older) checks this
option, but does not attend the meeting or is not available by phone as scheduled, the meeting may be
held with the other required IEP Team members.
•
If the parent or student (age 19 and older) checks “I WILL NOT be able to meet on the scheduled date and
time, but would
like to reschedule, please contact me at ,” document this in the Results space and
reschedule the meeting at
mutually agreed upon time and place.
•
Send a new invitation with the new meeting date.
•
This invitation must be sent/given to the parent (age 19 and older) and may be followed-up with a phone
call, email, etc. A second invitation (if needed) should be sent/given to the parent or student in an attempt
to schedule the meeting and may be followed-up with a phone call, email, etc.
•
If the parent or student (age 19 and older) checks “I WILL NOT be able to attend the meeting. The meeting
may proceed without me,” hold the meeting as scheduled with the other required IEP Team members.
•
If the parent or student (age 19 and older) does not respond to two attempts (first and second notice) the
public agency may conduct the meeting.
Note: Please remember to schedule meetings at a mutually agreed upon time and place.
•
If the parent or student (age 19 and older) checks, “I GIVE CONSENT for the representative from the
other transition agency(s) to attend the meeting, the public agency should invite the transition agency
representatives to attend the meeting. If the parent or student (age 19 and older) checks this option but the
transition agency representatives do not attend the meeting as scheduled, the meeting may be held with
the other required IEP Team members.
•
If the parent or student (age 19 and older) checks “I DO NOT give consent for representatives from the
other transition agency(s) to attend the meeting,” the transition agency representative may not be invited to
attend the meeting.
•
If the parent or student (age 19 and older) does not respond to two attempts (first and second invitation)
regarding consent for transition agency representatives to attend the meeting the public agency may conduct
the meeting but must not invite the agency representatives for transition.
•
If the purpose of the meeting was to determine if the referral requires evaluation and the referral is accepted,
the parent or student (age 19 and older) must sign the Notice and Consent for Initial Evaluation before any
evaluation(s) may be conducted.
Note:
The date th e p ublic agency receives
a
signed
Notice and Consent
for Initial Evaluation
begins
the 60-calendar day timeline to complete the initial evaluation.
•
If the purpose of the meeting was to determine initial or continued eligibility, a copy of the Notice and
Eligibility Decision Regarding Special Education Services must be provided to the parent and student
(age 19 and older).
•
If the purpose of the meeting was to discuss reevaluation, the parent and student (age 19 and older) must also
be provided a copy of the Notice of IEP Team’s Decision Regarding Reevaluation. If additional data
collection/evaluation(s) are required, the parent or student (age 19 and older) must then sign the Notice
and Consent for Reevaluation form unless two attempts to gain consent with no response can be
documented.
Page 39
Process 1: Referral Through IEP Implementation
NOTICE AND INVITATION TO A MEETING / CONSENT
FOR AGENCY PARTICIPATION
(Continued)
•
If the purpose of the meeting was to develop the initial IEP, the parent or student (age 19 and older),
must receive an invitation to the meeting using the Notice and Invitation to a Meeting/Consent for
Agency Participation. The first invitation must be sent/given to the parent or student (age 19 and older)
and may be followed up with a phone call, email, etc. A second invitation if needed should be sent/given
to the parent or student in an attempt to schedule the meeting and may be followed up with a phone call,
email, etc.
•
If the purpose of the meeting was to conduct the annual review of the current IEP, the IEP Team
must schedule an annual review meeting, but may not rewrite the IEP at that time. A meeting must be
held by the annual review date to review the current IEP that will not expire until the TO date. If the
purpose of the meeting was to develop/review/revise the IEP, the IEP Team will develop the annual
IEP, review or revise the current IEP. The parent or student (age 19 and older) must receive an
invitation to the meeting using the Notice and Invitation to a Meeting/Consent for Agency Participation.
•
If the purpose of the meeting was to discuss transition/postsecondary services, the student age 16 and
older must receive an invitation to the IEP Team meeting. In the state of Alabama, transition must be
addressed for students entering ninth grade or at age 15 if the student will turn 16 during the IEP being
written/developed.
•
If the purpose of the meeting was to conduct a manifestation determination, the LEA, parent, and
relevant team members of the IEP Team (as determined by the parent and the LEA) must meet within
ten days to review all relevant information regarding the student’s behavior and to determine whether
the behavior in question is or is not a manifestation of the student’s disability.
•
If the purpose of the meeting is to Develop/Revise/Discuss Behavioral Intervention Plan, the required
IEP Team members must meet to determine the problem behavior, develop positive behavioral
supports, strategies, and interventions to reduce occurring behaviors. The IEP Team can meet to discuss
and or revise the behavior intervention plan as appropriate.
•
If the purpose of the meeting was to conduct a resolution session, the LEA must convene a meeting
with the parent and the relevant member or members of the IEP Team who have specific knowledge
or
facts identified in the due process hearing request. The purpose of the meeting is for the parents of the
child to discuss the due process hearing request and the facts that form the basis of the request so that
the LEA has the opportunity to resolve the issue.
All notices must be sent to the parent even after the rights have transferred to the student at age 19. The
notice and invitation must be sent to the parent or the student (age 19 and older) whichever one has
IDEA decision-making rights.
Page 40
Process 1: Referral Through IEP Implementation
NOTICE OF PROPOSAL OR REFUSAL TO TAKE ACTION
The IEP Team has met to consider the following, regarding the educational program for:
STUDENT’S NAME:
[ ] Identification [ ] Evaluation [ ] Placement [ ] Other
[ ] LEA Response to DPH Request [ ] Provision of Free Appropriate Public Education
[ ] Other
DECISION REGARDING SPECIFIC ACTION PROPOSED OR REFUSED.
It has been decided that action will be taken by the local education agency.
Check one:
[ ] The local education agency will take the proposed action immediately and without undue delay.
[ ] The local education agency’s proposed action will be taken in calendar days to afford the parent a
reasonable period of time to consider the proposed action.
BASIS FOR DECISION(S)
DESCRIPTION OF OTHER OPTIONS CONSIDERED AND WHY THE OPTIONS WERE REJECTED
THE FOLLOWING EVALUATION PROCEDURES, ASSESSMENTS, RECORDS,
AND/OR REPORTS WERE USED IN MAKING THE DECISION
[
]
Vision
[
]
O
b
se
r
vation
[
]
G
r
ades
[
]
Medical Reco
r
ds
[ ] Hearing [ ] Speech [ ] Develop
m
ental Scales [ ] Othe
r
Agency Info
r
m
ation
[ ] Intellectual [ ] Language [ ] Wo
r
kSa
m
ples [ ] State Assess
m
ents
[ ] Achieve
m
en
t
[ ] Moto
r
[ ] Discipline Reco
r
ds [ ] Othe
r
[ ] Behavio
r
[ ]Inte
r
view [ ] Attendance Reports [ ] Othe
r
My signature below verifies that if you require notice and an explanation of your rights in your native language, the
LEA/agency has accommodated you to ensure your understanding. You are fully protected under the rights addressed in
your copy of the Special Education Rights document. If you want another copy of your rights, have
any questions, or wish
to arrange a conference, please contact:
at
(Name)
(Telephone)
Signature of Education Agency Official
Date Provided/Sent:
ALSDE Approved Feb. 2015
Page 41
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
NOTICE OF PROPOSAL OR REFUSAL TO TAKE ACTION
Purpose(s) of this form:
•
To document that prior written notice has been provided to the parent each time the LEA proposes to,
or refuses to, initiate or change the identification, evaluation, placement, and/or provision of a free
appropriate public education (FAPE) to a student with a disability.
•
To document the IEP Team’s decision not to accept a referral for an evaluation to determine
eligibility for special education services.
•
To document the IEP Team’s decision not to provide the special education/related service an IEP
Team member is requesting to be included in the IEP.
•
To document the IEP Team’s decision to change the placement of the student.
•
To document that the student will not be returning to school the next school year because the student:
o Will be graduating from high school with the Alabama High School Diploma (AHSD).
o Will be age 21 prior to August 1 of the next school year.
•
To document that the parent and student have been notified that the student who has reached the age
of majority (age 19) and is exiting school before age 21 and who has not earned the AHSD, still has
the right to receive services to age 21.
•
To document the LEA’s response to a DPH request when the public agency did not provide a notice
prior to the DPH request.
•
To document minor changes on an IEP (i.e., misspelled words, grammatical errors). Check with your
local special education coordinator for permission to use this process to make minor changes to the
IEP.
•
To document corrective actions after an internal/ALSDE monitoring review.
•
To document that the parent or student (age 19 and older) has revoked consent for the provision of
special education services.
•
To document the new IEP being proposed.
•
To document that an out-of-state IEP is being implemented until such time eligibility is determined in
Alabama.
•
To document the time frame in which action will be taken by the education agency regarding the
stated decision.
•
To document that the IEP Team conducted an Annual Review Meeting.
When to use this form:
•
To indicate when the stated action will be implemented by the education agency either
immediately and without undue delay or a number of calendar days to afford the parent a reasonable
period of time to consider the proposed action.
•
To indicate to the parent and student (age 19 and older) when the public agency proposes to, or refuses
to, initiate or change the identification, evaluation, placement, and/or the provision of a FAPE.
•
When the IEP Team has decided not to evaluate the student when the student is initially referred for an
evaluation (check Identification and Evaluation).
•
When the IEP Team refuses to provide a service requested by an IEP Team member (check Provision
of FAPE).
•
When the IEP Team is proposing to change the placement of the student (check Placement and
Provision of FAPE).
•
Whenever the IEP is amended and when an annual IEP is developed.
•
To provide prior notice of the student exiting school because of graduating with the Alabama High
School Diploma or reaching age 21 prior to August 1 (check Placement and Provision of FAPE).
•
To provide documentation to the parent and student who has reached the age of majority (age 19) that
the student who is exiting school before age 21 and who has not earned the AHSD, still has the right to
receive services to age 21.
•
When the IEP Team conducts an annual review of the current IEP.
Page 42
Process 1: Referral Through IEP Implementation
NOTICE OF PROPOSAL OR R
EFUSAL TO TAKE ACTION
(Continued)
•
To give the completed form to the parent and student (age 19 and older) when a DPH request is received
and this form has not been provided prior to the DPH request (check all that apply).
•
To document minor changes on an IEP. Seek guidance from the local Special Education Coordinator/
Director.
•
To document minor corrections found during internal monitoring/ALSDE monitoring. Seek guidance from
the local Special Education Coordinator/Director. Examples are as follows:
o
A required evaluation was administered and considered by the IEP Team or Eligibility Committee,
but was omitted from the eligibility report.
o
A copy of the eligibility report was not given or sent to the parent and student (age 19 and older).
o
A copy of the IEP was not given or sent to the parent and student (age 19 and older).
o
The date of birth was recorded incorrectly on the IEP.
•
Do not use this form to request additional data collection/evaluation. For this request, the IEP Team must meet
and document the decision on the Notice of IEP Team’s Decision Regarding Reevaluation.
Things to remember when completing this form:
•
Prior written notice must be provided in a timely manner. In the case of a proposal or refusal to take action
this will allow the parent a reasonable time to fully consider the changes and respond to the action before it
is implemented.
•
Type the name of the person signing as the education agency official in the space provided when completing
the form in SETS.
What happens next:
•
If action is required by the public agency regarding the decision, the action will be taken in the specified
number of calendar days unless the IEP Team and parent agree otherwise that the proposed action will take
place immediately without undue delay.
•
Even if the parent was in attendance at the meeting you still need to give/send prior written notice to the
parent and student (age 19 and older) when the public agency proposes to, or refuses to, initiate or change
the identification, evaluation, placement, and/or the provision of a FAPE. This includes when the IEP is
developed or reviewed annually and any time the IEP is amended.
Page 43
Process 1: Referral Through IEP Implementation
NOTICE AND CONSENT FOR INITIAL EVALUATION
Student:
The IEP Team met to discuss the request and/or referral for an evaluation for your child. The IEP Team, after reviewing
existing information, has determined that an individual evaluation is needed to determine possible eligibility for special
education and related services.
The LEA/agency proposes to conduct this evaluation for the following checked reasons:
[ ] To determine developmental level [ ] Behavior concerns
[
] To determine current
[ ] To de
t
e
r
m
ine funct
i
onal
l
e
v
el [ ]
Speec
h
/
language
inconsis
t
en
t
w
i
t
hag
e
acade
m
ic
p
erfor
m
ance
[
]
To
determine
eligibility
under
Alabama
Administrative
Code
for
out
of
state
transfer
[