2. Learning Disability Over-identification

IEP teams must consider special education referrals (IDEA 2004 regulations, Education Legacy):

“Consistent with the consent requirements in 34 CFR 300.300, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. [34 CFR 300.301(b)] [20 U.S.C. 1414(a)(1)(B)]

Referrals should not be accepted uncritically. Have pre-interventions been tried? Has the child received proper classroom instruction? Is the parent expecting automatic placement? Special education administrators must give guidance to IEP teams, making sure that non-disabled children are not placed in special education by the inertia of the referral process.

Response to Intervention referrals can come in, especially after Tier 3.  RTI reportedly is reducing the number of special education referrals.

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