Some Key Points from

A Principal’s Guide to Special Education

David F. Batemen and C. Fred Bateman

In chapter three of,  A Principal's Guide to Special Education, the author discusses the importance of documentation in the pre-referral process for special education eligibility. The pre-referral process is a function of general education through child find and Student Assistance Team. “During the pre-referral process teachers should document everything that demonstrates the extent of the student’s difficulties and any attempts that have been made to effect change. Even if the teacher has notified the principal of the problem, it is necessary to go beyond discussion to documentation.” (p. 46).  Documentation is particularly important when attempting to establish a learning disability which requires looking at a student's pattern of strengths and weaknesses.

Mr. Bateman also reminds principals that the pre-referral process, should not be a reason to delay a referral.  “It is important to emphasize the the pre-referral process of working to improve the child’s performance should not delay a referral (34 C.F.R. §§300.304-300.311).”  Schools must act accordingly when there is reason to suspect a disability and find a balance between obtaining required documentation, but also referring when there is obvious signs of a disability. The process of pre-referral can be expedited, but should never circumvented.

One last note, in Chapter 3, Mr. Bateman references a timeline, “the decision about whether testing is necessary must be made within 10 days (p.47). Please note, there is not a legal timeline regarding when the referral should be made in either the Individuals with Disabilities Education Act (IDEA) or the New Mexico Administrative Code (NMAC). Schools should look toward your Handbook of Special Education Procedures (p. 204) regarding your district's referral procedures and guidance from United States Department of Education (USDOE). 

Consistent with the U.S. Department of Education interpretation, (The LEA) declines to specify the timeframe from referral for evaluation to parental consent, or the timeframe from the completion of an evaluation to the determination of eligibility, as we are not in a position to determine the maximum number of days that should apply to these periods in all circumstances. (See 71 Fed. Reg. 46637 (August 14, 1006))

Stay tuned for additional highlights from this book. A copy of Mr. Bateman's book is available for each principal in our Region IX districts. Please contact Dahn Freed for your copy today.