Parent Requests for Special Education Services
Forms
Parent Request for Special Education Consideration Form (Word)
Procedures for Parent Requests for Special Education Consideration:
Educational Evaluations as per Indiana Article 7 and Michigan City Area Schools
INTRODUCTION
Parent requests for an Educational Evaluation must follow Indiana Article 7 (see Appendix A) and suspect a disability. Oftentimes, this is confusing for parents who request “testing” for other reasons, such as to:
Certainly, a child struggling in school, whether it is for reading, language arts, mathematics or social/behavioral concerns is cause for intervention. Michigan City Area Schools (MCAS) has a pre-referral process to intervene in “real-time” called Response to Instruction/Intervention (RTI). MCAS procedures require RTI data before a child is evaluated for special education, but Article 7 allows parents the opportunity to request an evaluation. Even with a Parent Request, RTI data must be on file if the child is struggling. If, however, the child is not struggling in any of the areas listed above, the Parent Request will be evaluated and a determination will be made by the School Psychologist within ten (10) instructional days beginning the day the Parent Request is made.
A parent's request for an evaluation must be submitted on the accompanying form to licensed persons employed by the public agency who are:
(1) Teachers;
(2) Guidance Counselors;
(3) School Psychologists;
(4) School Social Workers;
(5) Building Principals; or
(6) Other Administrators.
This list does not include classified staff, including the school Secretary. These individuals need to forward the request to the Guidance Counselor and/or the Building Principal for action.
PARENT REQUESTS FOR SPECIAL EDUCATION PROCEDURES
The following is a step-by-step detailing of what must be completed internally when a parent requests testing.
The Department Secretary will:
The Psychologist:
The RTI team has six (6) instructional days to gather information and to forward this information to the Psychologist for a decision. During the six (6) instructional day timeline, the RTI team gathers attendance, grades, progress monitoring, interventions, academic history and any school based concerns. Additionally, members of the RTI team may be asked by the Psychologist to complete any screenings (if needed) to determine a suspected disability and/or observe the child to ascertain if the area(s) noted are problem. The standard is the suspected disability is adversely affecting educational performance. A suspected disability is needed to provide direction for the Psychologist.
On or before Day 9:
The information gathered/gained by the RTI Team is given to the Psychologist who will determine if the student should be tested as per the parent request and the performance data provided by the school. The information is logged in Indiana IEP/ Learning Connection by the Psychologist and the RTI data is scanned and sent to the Department Secretary. The Psychologist notifies the Director of the recommendation whether or not to conduct the Educational Evaluation.
The Director will provide direction to the Psychologist to draft the Parent Notice in Indiana Connection of the decision to conduct or not to conduct an evaluation. The Parent Notice will include a description of the following:
No later than Day 10:
The Psychologist contacts the parent and provides the Parent Notice as described above.
If MCAS refuses to conduct the educational evaluation, an explanation is provided of the parent's right to contest the agency's decision by requesting:
If MCAS is proposing to conduct the Educational Evaluation, the Psychologist will explain the decision to evaluate, provide orally the contents of the Parent Notice, schedule a date and time to gain permission to evaluate, schedule the case conference committee meeting within fifty (50) instructional days, and explain and present their Procedural Safeguards. Once permission to evaluate is gained, the permission form is immediately forwarded to the Department Secretary who will log the fifty (50) instructional days provided for completion of the process.
Once the Parent Permission to Evaluate is completed as above, the Psychologist will meet with the Principal, Counselor, and Teacher of Record to form an evaluation team, notify them of the scheduled case conference committee date and time, and provide any additional instructions.
Article 7 on Initial Evaluations and Parents
511 IAC 7-40-4
Initial educational evaluation; public agency written notice and parental consent
Sec. 4. (a) Either a parent of a student or a public agency may initiate a request for an educational evaluation to determine if a student is eligible for special education and related services under this article. If a parent makes a request for an evaluation after revoking consent for special education and related services in accordance with 511 IAC 7-42-15, the public agency must treat the parent's request for evaluation as a request for an initial evaluation, and the evaluation must be conducted in accordance with this section.
(b) If a student is suspected of having a specific learning disability because the student has not made adequate progress after an appropriate period of time when provided with appropriate instruction described in 511 IAC 7-41-12(a)(3)(G), the public agency must initiate a request for an educational evaluation.
(c) If a request is made to conduct an educational evaluation, the public agency must, before conducting the evaluation, do the following:
(1) Provide the parent of the student with written notice as specified in subsection (e).
(2) Obtain parental consent as defined in 511 IAC 7-32-17.
(d) A parent's request for an evaluation must be made to licensed personnel, which is defined in 511 IAC 7-32-58 to mean persons employed by the public agency who are:
(1) teachers;
(2) school counselors;
(3) school psychologists;
(4) school social workers;
(5) building principals; and
(6) other administrators.
A parent's request for an evaluation may be made verbally or in writing. After a parent makes a request, the public agency has ten (10) instructional days to provide the parent with written notice as specified in subsection (e).
(e) Written notice provided to the parent regarding an educational evaluation must include the following:
(1) A statement that the public agency is proposing or refusing to conduct the educational evaluation that includes a description of each:
(A) evaluation procedure;
(B) assessment;
(C) record; or
(D) report; the public agency used as a basis for proposing or refusing to conduct the educational evaluation.
(2) A description of other factors relevant to the public agency's proposal or refusal to conduct the educational evaluation.
(3) If the public agency:
(A) is proposing to conduct the educational evaluation, a description of any evaluation procedures the agency proposes to conduct; or
(B) refuses to conduct the educational evaluation, an explanation of the parent's right to contest the agency's decision by requesting:
(i) mediation in 511 IAC 7-45-2; or
(ii) a due process hearing in 511 IAC 7-45-3
(4) If a public agency is proposing to conduct an educational evaluation, the following:
(A) The timeline for conducting the educational evaluation and convening the CCC meeting.
(B) An explanation of how to request one (1) or both of the following:
(i) A copy of the educational evaluation report, at no cost to the parent, prior to the CCC meeting.
(ii) A meeting with an individual who can explain the results of the educational evaluation prior to the CCC meeting.
(5) A statement that a parent of a student with a disability has protection under the procedural safeguards described in 511 IAC 7-37-1. A copy of the notice of procedural safeguards must be provided to the parent with the written notice described in this section. (6) A list of sources for parents to contact to obtain assistance with understanding the provisions of this article. - 60 -
(f) The written notice required under subsection (e) must be as follows:
(1) Written in language understandable to the general public.
(2) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure that:
(A) the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;
(B) the parent understands the content of the notice; and
(C) there is written evidence that the requirements in clauses (A) and (B) have been met.
(g) A parent may challenge the public agency's refusal to conduct an initial evaluation by requesting:
(1) mediation in 511 IAC 7-45-2; or
(2) a due process hearing in 511 IAC 7-45-3.
(h) After receiving the written notice described in subsections (e) and (f), the parent of the student must provide consent, as defined in 511 IAC 7-32-17, to licensed personnel before the public agency can conduct the initial educational evaluation. The parent may also, at the same time the parent provides consent for the educational evaluation, request one (1) or both of the following:
(1) A copy of the educational evaluation report, at no cost to the parent, prior to the CCC meeting.
(2) A meeting with an individual who can explain the results of the educational evaluation prior to the CCC meeting.
(i) Parental consent is not required for the following:
(1) To review existing data as part of an educational evaluation.
(2) To administer a test or other evaluation that is administered to all students unless, before administration of the test or evaluation, consent is required from parents of all students.
(3) To screen students if a teacher or a specialist is using the information to determine appropriate instructional strategies for curriculum implementation.
(4) To collect progress monitoring data when a student participates in a process that assesses the student's response to scientific, research based interventions as described in section 2 of this rule.
(j) The public agency must make reasonable efforts to obtain parental consent, as defined in 511 IAC 7- 32-17, for the initial educational evaluation. To document reasonable efforts, the public agency must keep a record of its attempts to obtain parental consent, including the following:
(1) Detailed records of:
(A) telephone calls made or attempted; and
(B) the results of the calls.
(2) Copies of:
(A) correspondence sent to the parent; and
(B) any responses received.
(3) Detailed records of:
(A) visits made to the parent's home or place of employment; and
(B) the results of those visits.
(k) Parental consent for an initial educational evaluation must not be construed as consent for initial provision of special education and related services.
(l) For initial educational evaluations only, if the student is a ward of the state and is not residing with the student's parent, the public agency is not required to obtain consent as defined in 511 IAC 7-32-17, from the parent for an initial evaluation to determine whether the student is a student with a disability if:
(1) despite reasonable efforts to do so, the public agency cannot discover the whereabouts of the parent of the student;
(2) the rights of the parents of the student have been terminated in accordance with state law; or
(3) the rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the student.
(m) If the parent of a student enrolled in public school or seeking to be enrolled in public school does not provide consent for an initial educational evaluation under subsection (i), or the parent fails to respond to - 61 - a request to provide consent, the public agency may, but is not required to, pursue the initial educational evaluation of the student by:
(1) utilizing mediation in 511 IAC 7-45-2; or
(2) requesting a due process hearing in 511 IAC 7-45-3. The public agency does not violate its obligations under this rule if it declines to pursue the educational evaluation.
(n) If a parent of a student who is parentally-placed in a nonpublic school, including a home school, does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a public agency's efforts to obtain consent, the public agency:
(1) may not pursue the initial educational evaluation of the student by:
(A) utilizing mediation in 511 IAC 7-45-2; or
(B) requesting a due process hearing in 511 IAC 7-45-3; and
(2) is not required to consider the student as eligible for special education and related services under 511 IAC 7-34.
Parent Request for Special Education Consideration Form (Word)
Procedures for Parent Requests for Special Education Consideration:
Educational Evaluations as per Indiana Article 7 and Michigan City Area Schools
INTRODUCTION
Parent requests for an Educational Evaluation must follow Indiana Article 7 (see Appendix A) and suspect a disability. Oftentimes, this is confusing for parents who request “testing” for other reasons, such as to:
- Obtain SSI for their child;
- Receive their child’s IQ (intelligence quotient);
- See how their child is performing in school;
- Follow-up on a physician’s request (or prescription for) an “IEP;”
- Receive special accommodations for state and/or College Board assessments;
- Follow a teacher’s recommendation that for the parent to request testing will make the process go faster.
Certainly, a child struggling in school, whether it is for reading, language arts, mathematics or social/behavioral concerns is cause for intervention. Michigan City Area Schools (MCAS) has a pre-referral process to intervene in “real-time” called Response to Instruction/Intervention (RTI). MCAS procedures require RTI data before a child is evaluated for special education, but Article 7 allows parents the opportunity to request an evaluation. Even with a Parent Request, RTI data must be on file if the child is struggling. If, however, the child is not struggling in any of the areas listed above, the Parent Request will be evaluated and a determination will be made by the School Psychologist within ten (10) instructional days beginning the day the Parent Request is made.
A parent's request for an evaluation must be submitted on the accompanying form to licensed persons employed by the public agency who are:
(1) Teachers;
(2) Guidance Counselors;
(3) School Psychologists;
(4) School Social Workers;
(5) Building Principals; or
(6) Other Administrators.
This list does not include classified staff, including the school Secretary. These individuals need to forward the request to the Guidance Counselor and/or the Building Principal for action.
PARENT REQUESTS FOR SPECIAL EDUCATION PROCEDURES
The following is a step-by-step detailing of what must be completed internally when a parent requests testing.
- A Parent Request for an Educational Evaluation to determine eligibility for special education, whether received in written or oral form, is documented on the Parent Request for Special Education Consideration (herein referred to as the Parent Request form) by either the parent or the receiving staff member as listed above. If a parent makes the request orally, it must be documented by the person to whom the request is made (not classified staff). If the parent’s request is not clear, for example, “I want an IEP for my child” it would be appropriate for the staff member to ask if the parent suspects a disability. This form, once completed, must be immediately forwarded to the Department of Special Education because the ten (10)-day timeline requirement in Article 7 started the day the parent made the request. It is imperative that the Parent Request for Special Education Consideration is forwarded to the Department of Special Education Secretary the very day it is received by the school.
- Once the Parent Request form is received by the Department of Special Education the following will occur:
The Department Secretary will:
- Log the Parent Request in CODA and RDS;
- Document the 10-day timeline on the Parent Request form and note that the parent must be contacted by the Psychologist;
- Assign a Psychologist, provide a copy of the Parent request digitally, and notify this individual of the 10-day timeline;
- Forward a copy of the Parent Request form with the timeline noted to the respective Counselor and Principal;
- Notify the parent that the request has been received and
- provides the name of and contact information for the assigned Psychologist and;
- Informs the parent that the Psychologist will contact them to discuss the direction that will be taken with the request, and
- Informs the parent of the ten (10)-instructional day timeline.
- provides the name of and contact information for the assigned Psychologist and;
- Create a temporary Parent Request file that includes the Parent Request form and an Internal Routing form for the respective student;
- Forward the Parent Request file and Internal Routing form to the Director of Special Education.
The Psychologist:
- contacts the Counselor and the Principal to gather RTI data and student academic and social/behavioral history. If there is limited (or no) RTI data, the school is immediately mobilized to start the RTI process--see below.
- contacts the parent within 2 school days. During the conversation, the RTI process is discussed and the Psychologist will ask the parent to allow the school to accommodate the child’s needs in the classroom and to hold off for a determination by the school.
- If the parent wishes to pursue the evaluation, the RTI process continues through day 10 of this process.
- Reviews the Parent Request form and Internal Routing form and may contact the Psychologist and the Principal, if appropriate.
- Will contact the parent if that individual has made contact with the Secretary regarding the Parent Request or if the parent has contacted the Superintendent of Schools to lodge a complaint. The Secretary will make the appropriate notations on the Internal Routing Form
The RTI team has six (6) instructional days to gather information and to forward this information to the Psychologist for a decision. During the six (6) instructional day timeline, the RTI team gathers attendance, grades, progress monitoring, interventions, academic history and any school based concerns. Additionally, members of the RTI team may be asked by the Psychologist to complete any screenings (if needed) to determine a suspected disability and/or observe the child to ascertain if the area(s) noted are problem. The standard is the suspected disability is adversely affecting educational performance. A suspected disability is needed to provide direction for the Psychologist.
On or before Day 9:
The information gathered/gained by the RTI Team is given to the Psychologist who will determine if the student should be tested as per the parent request and the performance data provided by the school. The information is logged in Indiana IEP/ Learning Connection by the Psychologist and the RTI data is scanned and sent to the Department Secretary. The Psychologist notifies the Director of the recommendation whether or not to conduct the Educational Evaluation.
The Director will provide direction to the Psychologist to draft the Parent Notice in Indiana Connection of the decision to conduct or not to conduct an evaluation. The Parent Notice will include a description of the following:
- evaluation procedure and assessment to be utilized;
- record; or report the public agency used as a basis for proposing or refusing to conduct the educational evaluation.
- other factors relevant to the public agency's proposal or refusal to conduct the educational evaluation.
No later than Day 10:
The Psychologist contacts the parent and provides the Parent Notice as described above.
If MCAS refuses to conduct the educational evaluation, an explanation is provided of the parent's right to contest the agency's decision by requesting:
- mediation in 511 IAC 7-45-2; or
- an impartial due process hearing in 511 IAC 7-45-3
If MCAS is proposing to conduct the Educational Evaluation, the Psychologist will explain the decision to evaluate, provide orally the contents of the Parent Notice, schedule a date and time to gain permission to evaluate, schedule the case conference committee meeting within fifty (50) instructional days, and explain and present their Procedural Safeguards. Once permission to evaluate is gained, the permission form is immediately forwarded to the Department Secretary who will log the fifty (50) instructional days provided for completion of the process.
Once the Parent Permission to Evaluate is completed as above, the Psychologist will meet with the Principal, Counselor, and Teacher of Record to form an evaluation team, notify them of the scheduled case conference committee date and time, and provide any additional instructions.
Article 7 on Initial Evaluations and Parents
511 IAC 7-40-4
Initial educational evaluation; public agency written notice and parental consent
Sec. 4. (a) Either a parent of a student or a public agency may initiate a request for an educational evaluation to determine if a student is eligible for special education and related services under this article. If a parent makes a request for an evaluation after revoking consent for special education and related services in accordance with 511 IAC 7-42-15, the public agency must treat the parent's request for evaluation as a request for an initial evaluation, and the evaluation must be conducted in accordance with this section.
(b) If a student is suspected of having a specific learning disability because the student has not made adequate progress after an appropriate period of time when provided with appropriate instruction described in 511 IAC 7-41-12(a)(3)(G), the public agency must initiate a request for an educational evaluation.
(c) If a request is made to conduct an educational evaluation, the public agency must, before conducting the evaluation, do the following:
(1) Provide the parent of the student with written notice as specified in subsection (e).
(2) Obtain parental consent as defined in 511 IAC 7-32-17.
(d) A parent's request for an evaluation must be made to licensed personnel, which is defined in 511 IAC 7-32-58 to mean persons employed by the public agency who are:
(1) teachers;
(2) school counselors;
(3) school psychologists;
(4) school social workers;
(5) building principals; and
(6) other administrators.
A parent's request for an evaluation may be made verbally or in writing. After a parent makes a request, the public agency has ten (10) instructional days to provide the parent with written notice as specified in subsection (e).
(e) Written notice provided to the parent regarding an educational evaluation must include the following:
(1) A statement that the public agency is proposing or refusing to conduct the educational evaluation that includes a description of each:
(A) evaluation procedure;
(B) assessment;
(C) record; or
(D) report; the public agency used as a basis for proposing or refusing to conduct the educational evaluation.
(2) A description of other factors relevant to the public agency's proposal or refusal to conduct the educational evaluation.
(3) If the public agency:
(A) is proposing to conduct the educational evaluation, a description of any evaluation procedures the agency proposes to conduct; or
(B) refuses to conduct the educational evaluation, an explanation of the parent's right to contest the agency's decision by requesting:
(i) mediation in 511 IAC 7-45-2; or
(ii) a due process hearing in 511 IAC 7-45-3
(4) If a public agency is proposing to conduct an educational evaluation, the following:
(A) The timeline for conducting the educational evaluation and convening the CCC meeting.
(B) An explanation of how to request one (1) or both of the following:
(i) A copy of the educational evaluation report, at no cost to the parent, prior to the CCC meeting.
(ii) A meeting with an individual who can explain the results of the educational evaluation prior to the CCC meeting.
(5) A statement that a parent of a student with a disability has protection under the procedural safeguards described in 511 IAC 7-37-1. A copy of the notice of procedural safeguards must be provided to the parent with the written notice described in this section. (6) A list of sources for parents to contact to obtain assistance with understanding the provisions of this article. - 60 -
(f) The written notice required under subsection (e) must be as follows:
(1) Written in language understandable to the general public.
(2) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure that:
(A) the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;
(B) the parent understands the content of the notice; and
(C) there is written evidence that the requirements in clauses (A) and (B) have been met.
(g) A parent may challenge the public agency's refusal to conduct an initial evaluation by requesting:
(1) mediation in 511 IAC 7-45-2; or
(2) a due process hearing in 511 IAC 7-45-3.
(h) After receiving the written notice described in subsections (e) and (f), the parent of the student must provide consent, as defined in 511 IAC 7-32-17, to licensed personnel before the public agency can conduct the initial educational evaluation. The parent may also, at the same time the parent provides consent for the educational evaluation, request one (1) or both of the following:
(1) A copy of the educational evaluation report, at no cost to the parent, prior to the CCC meeting.
(2) A meeting with an individual who can explain the results of the educational evaluation prior to the CCC meeting.
(i) Parental consent is not required for the following:
(1) To review existing data as part of an educational evaluation.
(2) To administer a test or other evaluation that is administered to all students unless, before administration of the test or evaluation, consent is required from parents of all students.
(3) To screen students if a teacher or a specialist is using the information to determine appropriate instructional strategies for curriculum implementation.
(4) To collect progress monitoring data when a student participates in a process that assesses the student's response to scientific, research based interventions as described in section 2 of this rule.
(j) The public agency must make reasonable efforts to obtain parental consent, as defined in 511 IAC 7- 32-17, for the initial educational evaluation. To document reasonable efforts, the public agency must keep a record of its attempts to obtain parental consent, including the following:
(1) Detailed records of:
(A) telephone calls made or attempted; and
(B) the results of the calls.
(2) Copies of:
(A) correspondence sent to the parent; and
(B) any responses received.
(3) Detailed records of:
(A) visits made to the parent's home or place of employment; and
(B) the results of those visits.
(k) Parental consent for an initial educational evaluation must not be construed as consent for initial provision of special education and related services.
(l) For initial educational evaluations only, if the student is a ward of the state and is not residing with the student's parent, the public agency is not required to obtain consent as defined in 511 IAC 7-32-17, from the parent for an initial evaluation to determine whether the student is a student with a disability if:
(1) despite reasonable efforts to do so, the public agency cannot discover the whereabouts of the parent of the student;
(2) the rights of the parents of the student have been terminated in accordance with state law; or
(3) the rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the student.
(m) If the parent of a student enrolled in public school or seeking to be enrolled in public school does not provide consent for an initial educational evaluation under subsection (i), or the parent fails to respond to - 61 - a request to provide consent, the public agency may, but is not required to, pursue the initial educational evaluation of the student by:
(1) utilizing mediation in 511 IAC 7-45-2; or
(2) requesting a due process hearing in 511 IAC 7-45-3. The public agency does not violate its obligations under this rule if it declines to pursue the educational evaluation.
(n) If a parent of a student who is parentally-placed in a nonpublic school, including a home school, does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a public agency's efforts to obtain consent, the public agency:
(1) may not pursue the initial educational evaluation of the student by:
(A) utilizing mediation in 511 IAC 7-45-2; or
(B) requesting a due process hearing in 511 IAC 7-45-3; and
(2) is not required to consider the student as eligible for special education and related services under 511 IAC 7-34.