Sec. 13a.05.01.04. Referral

A. Referral to a Public Agency.

(1) A student with a suspected disability who may need special education shall be referred, in writing, to a public agency.

(2) An initial referral may be initiated by:

(a) The student's parent; or

(b) A representative of a public agency.

(3) A public agency shall promptly request parental consent to assess a student to determine if the student needs special education and related services:

(a) When, prior to a referral, the student has not made adequate progress after an appropriate period of time when provided instruction, as described in §B(1) of this regulation; and

(b) Whenever a student is referred for an evaluation.

(4) A public agency shall adhere to the time frames described in Regulation .06A of this chapter, unless the student's parent and the IEP team extend the time frame by mutual written agreement.

B. Determination of Need for Assessment.

(1) The public agency shall ensure:

(a) That assessment procedures are administered as needed, in accordance with Regulation .05 of this chapter; and

(b) The student's parent receives written notice of any assessment procedure the public agency proposes or refuses to conduct, in accordance with Regulation .12 of this chapter.

(2) The public agency shall provide the student's parent written notice in accordance with Regulation .12 of this chapter if the public agency:

(a) Determines that no additional data is needed; or

(b) Does not suspect the student of being a student with a disability or a student with a developmental delay in accordance with this chapter.

(3) If the parent disagrees with the decision as described in §B(2) of this regulation, the parent may appeal the decision in accordance with Regulation .15B and C of this chapter.