15-766. Evaluation of child for placement in special education program; due process hearing procedures

A. A special education referral shall be made under the direction of the chief administrative official of the school district or county, or such person officially designated as responsible for special education, after consultation with the parent or guardian.

B. Before a child who is suspected of having a disability is placed in a special education program, an evaluation shall be made in accordance with the individuals with disabilities education act (20 United States Code section 1414) to determine whether a child is a child with a disability. A school district or charter school shall specify explicitly in the official notification to any parent that an initial evaluation may be conducted that the parent has the option to consent or refuse the initial evaluation in accordance with the individuals with disabilities education act (20 United States Code sections 615 and 1414). This evaluation shall be conducted within sixty days after receiving parental consent for the evaluation. A reevaluation shall be conducted not more than once each year, unless the parent and the public education agency otherwise agree, and at least every three years if the public educational agency determines that the educational or related services needs of the child warrant a reevaluation, or if the child s parents or teacher requests a reevaluation, unless the parent and the public education agency agree that a reevaluation is unnecessary.

C. Any evaluation components that are appropriate to consider under the specific circumstances may be shared by and among state agencies for the purpose of expediting completion of the evaluation and placement process.

D. The chief administrative official of the school district or county or the person officially designated as responsible for special education shall place the child, based upon the consensus recommendation of the individualized education program team and subject to due process pursuant to 20 United States Code section 1415, except that a child shall not be placed in a special education program without the written consent of the child's parent or guardian.

E. The due process hearing procedures prescribed in this section extend to the parents of a child, a student who has reached the age of majority or the public educational agency or agencies involved in any decisions regarding the student. All due process hearings shall be conducted in accordance with federal and state laws governing the educational rights of children with known or suspected disabilities. The state board of education shall adopt rules for implementing this section that comply with the following:

1. The parent, the adult student or the public educational agency or agencies may initiate due process hearing procedures under either of the following circumstances:

(a) There is a proposal to initiate or change the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child.

(b) There is a refusal to initiate or change the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child.

2. Either the parent, the adult student or the public educational agency or agencies may initiate a due process hearing by submitting a written request to the state educational agency and the public educational agency involved in any decisions regarding the student. The state educational agency shall provide a model form that any party may use in requesting a due process hearing. The public educational agency shall promptly forward any requests received to the state educational agency. Any request received by the state educational agency shall be transmitted immediately to the office of administrative hearings and the public educational agency.

3. A decision made in a hearing conducted pursuant to this section shall be final, except that any party involved in a hearing may bring a civil action in any court of competent jurisdiction without regard to the amount in controversy.

F. The public educational agency shall pay all costs incurred by the office of administrative hearings associated with any hearing conducted pursuant to this section and the public educational agency or a public agency pool operated pursuant to section 11-952.01 in which the public educational agency participates shall contract with the office of administrative hearings for this purpose.

G. Title 41, chapter 6, article 10 shall apply to all hearings to the extent not inconsistent with this section and federal and state law regarding the education of students with disabilities.