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This entry was published on 2021-07-30
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SECTION 4401-A
Referral and evaluation for special education services or programs
Education (EDN) CHAPTER 16, TITLE 6, ARTICLE 89
* § 4401-a. Referral and evaluation for special education services or
programs. 1. Any student suspected of having a disability may be
referred for initial evaluation to determine if the student is a student
with a disability by the parent or person in parental relation, the
commissioner or a designee of a public agency responsible for providing
education to students with disabilities, including but not limited to
the school district in which the student resides. In addition, a
professional staff member of the school which the student attends or
professional staff member of the school district in which the student
resides, physician, judicial officer, professional staff member of a
public agency, or the pupil himself or herself if such pupil is eighteen
years of age or older or is an emancipated minor may request that the
school district in which the student resides refer the student for
initial evaluation.

2. A request for referral submitted by an individual other than the
student student or a judicial officer shall:

a. state the reasons in writing for the referral and include any test
results, records or reports upon which the referral is based unless such
test results, records or reports are unavailable;

b. describe in writing, intervention services programs or
instructional methodologies to remediate the student's performance prior
to referral including any supplementary aids or support services
provided for this purpose or state the reason why no such attempts were
made; and

c. describe the extent of contact or involvement prior to the referral
with the parent or person in parental relationship.

3. A referral submitted by a parent or person in parental relation
shall be submitted in writing to the chairperson of the committee on
special education or the building administrator of the school which the
student attends or is eligible to attend. If such referral is submitted
to the building administrator, the building administrator shall forward
a copy to the chairperson of the committee on special education. If such
referral is submitted to the chairperson of the committee such
chairperson shall forward a copy of such referral to the building
administrator of the school which the student attends or is eligible to
attend. A referral submitted by any other individual shall be submitted
in writing to the chairperson of the committee on special education or
the building administrator of the school which the student attends or is
eligible to attend. The building administrator may request a meeting
with the parent or person in parental relation to the student for the
purpose of discussing educational alternatives to special education.
Such alternatives may include the provision of services designed to
address the learning needs of the student and maintain a child's
placement in general education with the provision of appropriate
educational and support services. Nothing contained in this section
shall in any way impede a committee on special education from continuing
its duties and functions under this article with regard to a student
referred for special education or a parent's access to the committee,
except that, if the parent concurs in writing with the building
administrator to the provision of educational alternatives to special
education, the referral shall be deemed withdrawn.

4. The individual evaluation of the educational needs of a student
referred to the committee on special education shall be conducted by
qualified individuals, in accordance with regulations of the
commissioner, with the results of such evaluation forwarded to the
committee on special education and the student's parent or person in
parental relation.

5. Special education services and programs shall be provided after the
appropriateness of the resources of the regular education program,
including, but not limited to, support services, speech and language
services, additional educational services and remedial instruction, have
been considered. Each school district shall develop a plan and policies
for implementing school wide approaches and pre-referral interventions
in order to implement the provisions of this subdivision.

6. If the committee on special education has determined that placement
in special education services or programs is not appropriate for the
child under consideration, a copy of the committee's recommendation and
pertinent information supporting such recommendation shall be forwarded
to the building administrator of the school which the child attends and
to the parent or person in parental relation to the child. The building
administrator shall determine which support services, speech and
language services and additional educational services should be provided
to the child in order to assist the child to benefit from a program of
regular education and, to the extent available, shall assure that those
services are provided. Nothing contained in this subdivision shall be
construed to limit the right of the parent or a person in parental
relation to the student to make a referral or to appeal the
recommendation of the committee on special education in accordance with
the provisions contained in section forty-four hundred four of this
chapter.

* NB Effective until June 30, 2024

* § 4401-a. Referral and evaluation for special education services or
programs. 1. Any pupil suspected of having a handicapping condition may
be referred for special education services or programs by the parent or
person in parental relationship, professional staff member of the school
which the pupil attends or professional staff member of the school
district in which the pupil resides, physician, judicial officer, the
commissioner or designee of a public agency, the pupil himself or
herself if such pupil is eighteen years of age or older or is an
emancipated minor.

2. A referral submitted by an individual other than the pupil, the
pupil's parent or person in parental relationship or a judicial officer
shall:

a. state the reasons in writing for the referral and include any test
results, records or reports upon which the referral is based unless such
test results, records or reports are unavailable;

b. describe in writing, intervention services programs or
instructional methodologies to remediate the pupil's performance prior
to referral including any supplementary aids or support services
provided for this purpose or state the reason why no such attempts were
made; and

c. describe the extent of contact or involvement prior to the referral
with the parent or person in parental relationship.

3. A referral submitted by a parent, a person in parental relationship
or the pupil, shall be submitted in writing to the chairperson of the
committee on special education or the building administrator of the
school which the pupil attends or is eligible to attend. If such
referral is submitted to the building administrator, the building
administrator shall forward a copy to the chairperson of the committee
on special education. If such referral is submitted to the chairperson
of the committee such chairperson shall forward a copy of such referral
to the building administrator of the school which the pupil attends or
is eligible to attend. A referral submitted by any other individual
shall be submitted in writing to the chairperson of the committee on
special education or the building administrator of the school which the
pupil attends or is eligible to attend. The building administrator may
request a meeting with the parent, person in parental relationship to
the pupil and/or the pupil for the purpose of discussing educational
alternatives to special education. Such alternatives may include the
provision of educationally related support services or any other
services designed to address the learning needs of the student and
maintain a child's placement in general education with the provision of
appropriate educational and support services. Nothing contained in this
section shall in any way impede a committee on special education from
continuing its duties and functions under this article with regard to a
pupil referred for special education or a parent's access to the
committee, except that, if the parent concurs in writing with the
building administrator to the provision of educational alternatives to
special education, the referral shall be deemed withdrawn.

4. The individual evaluation of the educational needs of a pupil
referred to the committee on special education shall be conducted by
qualified individuals, in accordance with regulations of the
commissioner, with the results of such evaluation forwarded to the
committee on special education and the pupil's parent or person in
parental relationship.

5. Special education services and programs shall be provided after the
appropriateness of the resources of the regular education program,
including educationally related support service, speech and language
improvement services and remedial instruction, have been considered.
Each school district shall develop a plan and policies for implementing
school wide approaches and prereferral interventions in order to
implement the provisions of this subdivision.

6. If the committee on special education has determined that placement
in special education services or programs is not appropriate for the
child under consideration, a copy of the committee's recommendation and
pertinent information supporting such recommendation shall be forwarded
to the building administrator of the school which the child attends and
to the parent or person in parental relationship to the child. The
building administrator shall determine which educationally related
support services, speech and language improvement services and
additional educational services should be provided to the child in order
to assist the child to benefit from a program of regular education and,
to the extent available, shall assure that those services are provided.
Nothing contained in this subdivision shall be construed to limit the
right of the parent, a person in parental relationship to the pupil or
the pupil to make a referral or to appeal the recommendation of the
committee on special education in accordance with the provisions
contained in section forty-four hundred four of this chapter.

* NB Effective June 30, 2024