Pre-referral for Assessment

Parent/Guardian requests teacher to conduct screening, identification, and consultation (interview and observation) to identify whether or not Child/Student has disabilities that adversely affect ability to learn in a general education program.

Day 0

If Pre-referral unsuccessful, then Parent/Guardian makes written request for Assessment for Special Education Services.

Day 15

School District must give Parent/Guardian either written proposed Assessment Plan or notification that Assessment is not appropriate.
• If District determines Assessment is not appropriate, then Parent/Guardian may initiate Due Process Hearing through written request.

Day 30

Parent /Guardian signs Assessment Plan and gives written consent to conduct Assessment.
• Assessment begins immediately.
• District conducts Non-discriminatory Evaluation, including testing, to determine disability, eligibility, and special education services needed.
• If Parent/Guardian refuses to consent to Assessment Plan, then District initiates informal Meeting or Due Process Hearing to override refusal to consent.

Day 80

District completes Assessment, develops Individualized Family Services Plan (IFSP)/Individualized Education Program (IEP), & conducts IFSP/IEP Meeting.
• District must give notice of IFSP/IEP Meeting within reasonable time prior to meeting; Parent/Guardian has right to copies of Child's/Student's records.
• Parent/Guardian may agree, in writing, to an extension of time for Meeting.
• IFSP/IEP Meeting
• Review of Non-discriminatory Evaluation/Assessment and current levels of performance.
• If Parent/Guardian disagrees with Evaluation, then Parent/Guardian may obtain independent Assessment at District's expense, with notice.
• Development of annual goals and objectives.
• Determination of Least Restrictive Environment (LRE) placement and related services for a Free Appropriate Public Education (FAPE).
• Agreement and Signature
• Parent/Guardian may sign and consent to all, some, or none of the components of the IFSP/IEP.
• Program components to which Parent/Guardian has consented implemented so as not to delay providing special education services.
• Disagreement: parent/Guardian may refuse to sign; can request in writing Mediation Conference, which can be preceded by Informal Meeting.

DAY 110

Mediation Conference
• Parent/Guardian may come to agreement with District and sign off on IFSP/IEP.
• If Parent/Guardian disagrees with District, then can request Due Process Hearing, which can be preceded by Pre-Due Process Mediation or Mediation.

DAY 155

Written decision of Due Process Hearing Officer received; continuance granted for good cause.
• Parent/Guardian accepts Due Process Hearing Officer's decision.
• Parent/Guardian or District rejects Due Process Hearing Officer's decision and chooses to file Appeal in State or Federal Court.

DAY 245

Due Process Hearing Appeal due.


en Español

Does your child have any of the following disabilities?

  • Specific learning disabilities
  • Speech/language impairments
  • Intellectual disability
  • Emotional disturbance
  • Multiple disabilities
  • Hearing impairments
  • Orthopedic impairments
  • Other health impairments (limitations in strength, vitality, or alertness, including AD/HD)
  • Visual impairments
  • Deaf-blindness
  • Autism
  • Asperger syndrome
  • Traumatic brain injury

Does this disability adversely affect your child's educational performance?

Is your child being served satisfactorily by your school district?

LET US ANSWER YOUR QUESTIONS. Call 888 IDEA-ADA (888-4332-232), or contact us for more information.

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Council of Parent Attorneys and Advocates

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Every Child Deserves a Certain Amount of Dignity