Reevaluation (Reevaluación) – Must be conducted if the local educational agency (LEA) determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or if the child's parents or teacher requests a reevaluation. It must be conducted at least once every 3 years, unless the parent and the local educational agency (LEA) agree that a reevaluation is unnecessary. It must not occur more frequently than once a year unless the parent and the LEA agree otherwise.
Referral (Envío a servicios) – Referral of children for a full and individual initial evaluation for possible special education services must be a part of the local educational agency's (LEA's) overall, general education referral or screening system. Prior to referral, children experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial, remedial, compensatory, and other services. If the child continues to experience difficulty in the general classroom after the provision of interventions, school personnel may refer the child for a full and individual initial evaluation (FIE). This referral for a full and individual initial evaluation may be initiated by school personnel, the child's parents or legal guardian, or another person involved in the education or care of the student. To begin the referral process, a parent may indicate in writing to the teacher or administrator that he or she believes that their child is in need of special education services. For more information, see the Commissioner’s Rules Guidance on Referral for Full and Individual Initial Evaluation.
Related Services (Servicios relacionados) – Transportation, and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. Related services include:
- speech-language pathology and audiology services,
- interpreting services,
- psychological services,
- physical and occupational therapy,
- recreation, including therapeutic recreation,
- social work services,
- school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child,
- counseling services, including rehabilitation counseling, orientation and mobility services, and
- medical services, except that such medical services shall be for diagnostic and evaluation purposes only. The term does not include a medical device that is surgically implanted, or the replacement of such device.
Resolution Session (Sesión para solucionar quejas) – A mandatory meeting that the school district must convene within 15 days of receiving the parents’ due process complaint. The resolution session includes parents, members of the IEP team relevant to the complaint, and a representative of the school district who has the power to make a decision for the district. The school district lawyer is NOT allowed unless the parent has a lawyer present. Detailed information regarding Preparing for Mediation and Resolution Sessions can be found here: http://www.directionservice.org/cadre/resmtgdoc.cfm
- high quality instruction and scientific, research-based, tiered intervention strategies aligned with individual student need;
- frequent monitoring of student progress to make results based academic or behavioral decisions;
- data-based school improvement; and
- the application of student response date to important educational decisions (such as those regarding placement, intervention, curriculum, and instructional goals and methodologies).
Under IDEA 2004, at-risk students should receive RtI interventions before a referral to special education can be considered. This change in the law is designed to cut down on the number of students being referred to special education as a result of having not received adequate instruction in the general education classroom. See also Disproportionality, Progress Monitoring, Pre-referral Interventions and Universal Screening.
Restraint (Restricción física) – The use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a child’s body. School officials may only restrain a child with a disability when their behavior poses a threat of imminent, serious physical harm to the child or others, or imminent serious property destruction. The School must notify the parent on the day restraint occurs and must provide written notice of the restraint through the mail or other means within one school day. For more information, see Commissioner’s Rule §89.1053 Procedures for Use of Restraint and Time-Out or Procedural Safeguards.
Review of Existing Evaluation Data (REED) (Revisión de los datos actuales de evaluación) – Must take place as part of a full individual and initial evaluation (FIE) or as part of a reevaluation. It is conducted by the members of the ARD Committee including the parent, but it does not have to take place in a meeting. Members review existing evaluation data about the child, including information provided by the parent, to determine the scope of the evaluation.