COMAR 13A.05.01.04. Referral

A. Referral to a Public Agency.

(1) A student with a suspected disability who may need special education shall be referred, in writing, to a public agency.

(2) An initial referral may be initiated by:

(a) The student's parent; or

(b) A representative of a public agency.

(3) A public agency shall promptly request parental consent to assess a student to determine if the student needs special education and related services:

(a) When, prior to a referral, the student has not made adequate progress after an appropriate period of time when provided instruction, as described in §B(1) of this regulation ; and

(b) Whenever a student is referred for an evaluation.

(4) A public agency shall adhere to the time frames described in Regulation .06A of this chapter , unless the student's parent and the IEP team extend the time frame by mutual written agreement.

B. Determination of Need for Assessment.

(1) The public agency shall ensure:

(a) That assessment procedures are administered as needed, in accordance with Regulation .05 of this chapter ; and

(b) The student's parent receives written notice of any assessment procedure the public agency proposes or refuses to conduct, in accordance with Regulation .12 of this chapter .

(2) The public agency shall provide the student's parent written notice in accordance with Regulation .12 of this chapter if the public agency:

(a) Determines that no additional data is needed; or

(b) Does not suspect the student of being a student with a disability or a student with a developmental delay in accordance with this chapter.

(3) If the parent disagrees with the decision as described in §B(2) of this regulation , the parent may appeal the decision in accordance with Regulation .15B and C of this chapter.

Cross References 13A.05.01.03B(35)(a) 13A.05.01.05D(1) 13A.05.01.06A(1)(b) 13A.05.01.11A(2)(a)