In order to provide a FAPE for children 2.5 years of age to 22 years of age there shall be a referral process in which:

1. (a) The LEA shall comply with 34 CFR 300.124 when accepting referrals and transitioning children from Part C of the IDEA to preschool programs;
2. (b) The LEA shall establish a process for referral and evaluation which includes individual participants responsible for decision-making and implementation;
3. (c) The LEA shall, upon receipt of a referral from any source, immediately notify the parent, in writing, of the referral;

4. (d) The IEP team shall, within 15 business days of the referral, determine whether the concerns raised by the referral can be:

   1. (1) Addressed utilizing existing pupil support services available to all children;
   2. (2) Whether additional information is required; and
   3. (3) What evaluations, if any, are needed to address any remaining concerns raised by the referral;
5. (e) The IEP team shall, within 15 business days of the referral, give the parent written notice of its disposition of the referral;
6. (f) The notice to parents shall conform to the requirements of 34 CFR 300.503 through 300.504 and include a description of the LEA’s special education procedures;
7. (g) When additional testing has been determined to be necessary, the notice shall also include a request for written consent to conduct any individual evaluations needed to determine the child’s disabilities;
8. (h) The parent may, if the child’s parent disagrees with the IEP team’s disposition of the referral, request alternative dispute resolution as described in Ed 1122 or a due process hearing as described in Ed 1123;
9. (i) The LEA may take action consistent with 34 CFR 300.300 if parental consent for evaluation is not granted, or if a parent fails to respond to a request for evaluation;
10. (j) Written parental consent shall be required for individual evaluations to further diagnose the needs of a child already determined to be a child with a disability; and
11. (k) The provision of FAPE by the LEA shall comply with 34 CFR 300.101(a), through (c), and 34 CFR 300.530(d).

Source. (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13773, eff 10-12-23