Section 4401-A*2. Referral and evaluation for special education services or programs

1. Any pupil suspected of having a handicapping condition may  be referred for special education services or programs by the parent  or
  person in parental relationship, professional staff member of the school
  which  the  pupil  attends  or  professional  staff member of the school
  district in which the pupil resides, physician,  judicial  officer,  the
  commissioner  or  designee  of  a  public  agency,  the pupil himself or
  herself if such pupil is eighteen  years  of  age  or  older  or  is  an
  emancipated minor.
    2.  A  referral  submitted  by an individual other than the pupil, the
  pupil's parent or person in parental relationship or a judicial  officer
  shall:
    a.  state the reasons in writing for the referral and include any test
  results, records or reports upon which the referral is based unless such
  test results, records or reports are unavailable;
    b.  describe   in   writing,   intervention   services   programs   or
  instructional  methodologies  to remediate the pupil's performance prior
  to  referral  including  any  supplementary  aids  or  support  services
  provided  for this purpose or state the reason why no such attempts were
  made; and
    c. describe the extent of contact or involvement prior to the referral
  with the parent or person in parental relationship.
    3. A referral submitted by a parent, a person in parental relationship
  or the pupil, shall be submitted in writing to the  chairperson  of  the
  committee  on  special  education  or  the building administrator of the
  school which the pupil  attends  or  is  eligible  to  attend.  If  such
  referral  is  submitted  to  the  building  administrator,  the building
  administrator shall forward a copy to the chairperson of  the  committee
  on  special  education. If such referral is submitted to the chairperson
  of the committee such chairperson shall forward a copy of such  referral
  to  the  building administrator of the school which the pupil attends or
  is eligible to attend. A referral  submitted  by  any  other  individual
  shall  be  submitted  in  writing to the chairperson of the committee on
  special education or the building administrator of the school which  the

  pupil  attends  or is eligible to attend. The building administrator may
  request a meeting with the parent, person in  parental  relationship  to
  the  pupil  and/or  the  pupil for the purpose of discussing educational
  alternatives  to  special  education.  Such alternatives may include the
  provision  of  educationally  related  support  services  or  any  other
  services  designed  to  address  the  learning  needs of the student and
  maintain a child's placement in general education with the provision  of
  appropriate  educational and support services. Nothing contained in this
  section shall in any way impede a committee on  special  education  from
  continuing  its duties and functions under this article with regard to a
  pupil referred for  special  education  or  a  parent's  access  to  the
  committee,  except  that,  if  the  parent  concurs  in writing with the
  building administrator to the provision of educational  alternatives  to
  special education, the referral shall be deemed withdrawn.
    4.  The  individual  evaluation  of  the  educational needs of a pupil
  referred to the committee on special education  shall  be  conducted  by
  qualified   individuals,   in   accordance   with   regulations  of  the
  commissioner, with the results  of  such  evaluation  forwarded  to  the
  committee  on  special  education  and  the  pupil's parent or person in
  parental relationship.
    5. Special education services and programs shall be provided after the
  appropriateness of the  resources  of  the  regular  education  program,
  including  educationally  related  support  service, speech and language
  improvement services and remedial  instruction,  have  been  considered.
  Each  school district shall develop a plan and policies for implementing
  school  wide  approaches  and  prereferral  interventions  in  order  to
  implement the provisions of this subdivision.
    6. If the committee on special education has determined that placement
  in  special  education  services  or programs is not appropriate for the
  child under consideration, a copy of the committee's recommendation  and
  pertinent  information supporting such recommendation shall be forwarded
  to the building administrator of the school which the child attends  and
  to  the  parent  or  person  in  parental relationship to the child. The
  building  administrator  shall  determine  which  educationally  related
  support   services,   speech   and  language  improvement  services  and
  additional educational services should be provided to the child in order
  to assist the child to benefit from a program of regular education  and,
  to  the extent available, shall assure that those services are provided.
  Nothing contained in this subdivision shall be construed  to  limit  the
  right  of  the parent, a person in parental relationship to the pupil or
  the pupil to make a referral or to  appeal  the  recommendation  of  the
  committee  on  special  education  in  accordance  with  the  provisions
  contained in section forty-four hundred four of this chapter.
    * NB Effective June 30, 2012