Wash. Admin. Code § 392-172A-03005 - Referral and timelines for initial evaluations

(1)
(a) A parent of a child, a school district, a public agency, or other persons knowledgeable about the child may initiate a referral request for an initial evaluation to determine if the student is eligible for special education services.
(b) The request must be in writing, unless the person is unable to write and/or communicate orally.
(c) Each school district must have an optional referral form for requesting an initial evaluation available to the general public and provide it upon receipt of any referral request in the requestor's native language or with the support of a qualified interpreter when needed.
(2) The school district must document the request for an initial evaluation, including the date the request is received, and:
(a) Notify the parent that the student has been referred because of a suspected disability and that the district, with parental input, will determine whether or not to evaluate the student;
(b) Collect and examine existing school, medical and other records in the possession of the parent and the school district; and
(c) Within twenty-five school days after receipt of the request for an initial evaluation, make a determination whether or not to evaluate the student. The school district will provide prior written notice of the decision that complies with the requirements of WAC 392-172A-05010.
(d) Exception: Referral requests received through IDEA Part C notification of toddlers potentially eligible for Part B special education preschool services are subject to the timelines described under WAC 392-172A-02080 and not the timeline described in (c) of this subsection.
(3) When the student is to be evaluated to determine eligibility for special education services and the educational needs of the student, the school district shall provide prior written notice to the parent, attempt without unnecessary delay to obtain consent, fully evaluate the student and arrive at a decision regarding eligibility within:
(a) Thirty-five school days after the date written consent for an evaluation has been provided to the school district by the parent; or
(b) Thirty-five school days after the date the consent of the parent is obtained by agreement through mediation, or the refusal to provide consent is overridden by an administrative law judge following a due process hearing; or
(c) Such other time period as may be agreed to by the parent and documented by the school district, including specifying the reasons for extending the timeline.
(d) Exception. The thirty-five school day time frame for evaluation does not apply if:
(i) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or
(ii) A student enrolls in another school district after the consent is obtained and the evaluation has begun but not yet been completed by the other school district, including a determination of eligibility.
(e) The exception in (d)(ii) of this subsection applies only if the subsequent school district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent school district agree to a specific time when the evaluation will be completed.

Notes

Wash. Admin. Code § 392-172A-03005
Amended by WSR 21-19-065, Filed 9/14/2021, effective 10/15/2021

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-03005, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03005, filed 6/29/07, effective 7/30/07. WSR 13-20-001, § 392-172A-03005, filed 9/18/2013, 2:26 p.m., effective 10/19/2013

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