Virginia Administrative Code
Title 8 - EDUCATION
Agency 20 - STATE BOARD OF EDUCATION
Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA
Part III - Responsibilities of Local School Divisions and State-Operated Programs
Section 8VAC20-81-60 - Referral for initial evaluation

a. Initiate the initial evaluation procedures under subsection B of this section;

b. Refer the child to the school-based team to review and respond to the request under 8VAC20-81-50 D 3 b (2); or

c. Deny the request and provide prior written notice in accordance with 8VAC20-81-170.

a. Record the date the referral was received, reason for referral, and names of the person or agency making the referral;

b. Implement procedures for maintaining the confidentiality of all data;

c. Provide written notice and procedural safeguards to inform the parents in the parents' native language or primary mode of communication, unless it is clearly not feasible to do so, about:

d. Inform the parents of the procedures for the determination of needed evaluation data and request any evaluation information the parents may have on the child;

e. Secure informed consent from the parents for the evaluation;

f. Ensure that all evaluations consist of procedures that:

g. Ensure that all evaluations are completed and that decisions about eligibility are made within 65 business days of the receipt of the referral by the special education administrator or designee, including if the special education administrator or designee routes the referral to the school-based committee for review and action. Local school divisions may shorten the deadline of 65 business days from the date of receipt of referral for an initial evaluation of a child to determine eligibility for special education and related services. The timeframe shall not apply to the local school division if: (34 CFR 300.301(d) and (e))

h. The parent and eligibility group may agree in writing to extend the 65-day timeline to obtain additional data that cannot be obtained within the 65 business days. Local school divisions may shorten the deadline of 65 business days from the date of receipt of referral for an initial evaluation of a child to determine eligibility for special education and related services. (34 CFR 300.300(a), 34 CFR 300.309(c))

i. If the decision is to not evaluate, prior written notice, in accordance with 8VAC20-81-170, shall be given to the parent, including the parent's right to appeal the decision through due process hearing procedures. (34 CFR 300.507)

a. Parental consent is not required before reviewing existing data as part of an evaluation or administering a test or other evaluation that is administered to all children, unless parental consent is required before administration to all children.

b. Parental consent for initial evaluation shall not be construed as consent for initial provision of special education and related services.

c. The local school division shall make reasonable efforts to obtain parental consent for an initial evaluation to determine whether the child is a child with a disability.

d. For initial evaluations only, if the child is a ward of the state and is not residing with the child's parent, the local school division is not required to obtain parental consent to determine whether the child is a child with a disability if:

e. If the parent does not provide consent for the initial evaluation, or fails to respond to a request to provide consent, the local school division may, but is not required to, use the dispute resolution options of mediation or due process to pursue the initial evaluation of the child. The local school division does not violate its obligation under child find or other free appropriate public education provisions if it declines to pursue the evaluation.

f. If a parent of a child who is home-instructed or home-tutored, or who is placed in a private school by the parent at the parent's own expense, does not provide consent for initial evaluation, or the parent fails to respond to a request to provide consent, the local school division may not use mediation or due process to pursue the initial evaluation.