Introduction
Use Form R-1 to start the initial evaluation process to determine whether a student is a “child with a disability” under IDEA and state law. State law does not allow local education agencies (LEAs or agencies), such as school districts and independent charter schools, to refuse a referral for an initial evaluation. When the agency receives a referral, it must notify the parent(s) in writing that a referral was received and of the start of the initial evaluation. The date the agency receives the referral begins the 15-business-day timeline to complete the review of existing evaluation data and send the student’s parent(s) notice and request to administer additional assessments or other evaluation materials or notify the parents no additional assessments or other evaluation materials are needed. Wis. Stat. § 115.777(3)(e).
Requirements
Under state special education law, LEAs are required to do all of the following:
- establish written procedures for accepting and processing referrals;
- provide information and in-service opportunities to all of its licensed staff to familiarize them with the agency's referral procedures; and
- at least annually, inform parent(s) and persons required to make referrals about the agency’s referral and evaluation procedures.
34 CFR § 300.111; Wis. Stat. § 115.777(3).
Birth to 3 Referrals
The State of Wisconsin has developed an electronic referral system, the Preschool Transition Application, enabling Birth to 3 programs to refer children with suspected disabilities to LEAs prior to their third birthdays. The Preschool Transition Application is used by the LEA to access all notifications and referrals received from the Birth to 3 Program. The date the LEA receives the referral in the Preschool Transition Application begins the 15-business-day timeline. If a child referred by a county Birth to 3 program is determined to be a child with a disability, the LEA must develop and implement an IEP by the child’s third birthday. The LEA must participate in a transition planning conference arranged by the lead agency for the Birth to 3 program. The LEA determines which LEA personnel will attend the transition planning conference.
Implementation Considerations
LEAs must establish procedures for accepting and processing referrals. The referral procedures must address referrals from school staff, parents, and others in the community. Agencies must establish consistent procedures, including electronic procedures where appropriate, for recording and tracking dates and timelines related to the IEP process. Agencies should establish and implement a process to ensure whoever receives the referral records the date it was received.
IEP team participants should be informed of the date by which the IEP team must complete their review of existing evaluation data and determine whether additional assessments are needed so the agency, within the 15-business-day timeline, can notify the parent(s) and request consent to administer the additional assessments or other evaluation materials, or notify the parents no additional assessments or other evaluation materials are needed.
LEAs have an obligation to inform parents of the procedures for making special education referrals. If a parent or other individual indicates they believe a student may have a disability and need special education, the agency must inform the individual how to make a referral. The referral must be in writing and include the name of the student and the reasons why the person believes the student is a “child with a disability” under IDEA and state law. Since a referral must be in writing, most agencies use a referral form for documentation. An agency cannot require a parent who submitted a written referral in another manner to complete the agency’s referral form as a prerequisite to acting on the referral.
Form Content and Explanations
Content: WISEid (if known). Explanation: The WISEid area is included in the forms to allow vendors to use information on IEP forms for data collection purposes.
Content: Date and method of notifying parent of intent to refer. Explanation: An individual required under state law to make a referral must notify the student’s parent(s) before submitting a referral to the LEA. The agency may inform the parent orally or in writing, e.g., by email, letter, phone call, at a parent-teacher conference, etc. Wis. Stat. § 115.777(2)(b).
Content: Parent’s native language or other primary mode of communication, if other than English. Explanation: This information helps ensure parent(s) will receive notices and other information in a manner that is understandable to them.
Content: Is an interpreter needed? Explanation: Check “yes” if an interpreter is needed and “no” if it is not needed.
Content: Student’s native language or other primary mode of communication if other than English. Explanation: This information identifies the student’s native language or other primary mode of communication for administering tests and other evaluation materials.
Content: Date referral received by school district / LEA. Explanation: The agency must document the date the agency receives each referral. This date begins the 15-business-day timeline in which to complete the review of existing evaluation data and send the student’s parent(s) notice and consent regarding need to conduct additional assessments, or notice no additional assessments are needed. Wis. Stat. § 115.777(3)(b).
Content: Describe why you believe this student has a disability. Explanation: The person making the referral must state the reason(s) why they believe the student is a “child with a disability.” This information is required and will help identify areas to evaluate. In completing this information, consider concerns about the student’s access, engagement and progress in age/grade level general education curriculum, instruction, environment, or other school activities. The suspected area of impairment is not required to be provided. Wis. Stat. § 115.777(2)(a).
Content: What are your areas of concern? Explanation: It is important all academic and functional concerns are identified in the referral to ensure a comprehensive evaluation. In completing this information, consider concerns in the areas of academics, cognitive learning, communication, independence and self-determination, physical/health, social and emotional learning. Wis. Stat. § 115.777(2)(a).
Content: If known, include information about any of the following. Explanation: Additional supporting information is helpful to the IEP team when identifying the areas of concern during the existing data review and determining the need for additional assessments. Supporting information may include the student’s early learning or academic achievement (early literacy or reading); functional performance, including cognitive learning, communication, independence and self-determination, social and emotional learning; relevant medical information, such as information about a student’s physical health, vision and hearing; and programs, services, or interventions that have been used in regular education and/or special education to address the student’s needs and the results of the interventions. This supporting information is not required.