Orange Elementary/ Ralph C. Mahar & Union 73 School District 6123

Date

11/16/21

LEA

Orange Elementary/ Ralph C. Mahar & Union 73 School District

6123

Issue

District refused parent’s request for a special education eligibility evaluation upon moving into the district. District requested that the Early Intervention (EI) provider send the referral. Parent insisted and after a delay, district sent consent to evaluate, but the evaluation was not completed by student’s 3rd birthday.

Finding

Noncompliance:

District acknowledged the delay in responding to parent’s request for a special education evaluation. This resulted in a denial of a free and appropriate public education because student’s eligibility was not determined by their 3rd birthday.

District initiated corrective action including reviewing timelines and clarifying professional development material on pre-school referrals.

Corrective Action

DESE partially accepts districts corrective action. However, District must develop a compensatory services plan for student by 12/17. If the parties are unable to develop a mutually agreed upon plan, they must submit their proposals for DESE to develop a plan.

District must also develop a procedure for preschool referrals including preschool screening procedures, procedures for referrals from the agencies, timelines for consent to evaluate, procedures when District refuses to evaluate by 12/17. After DESE approval, district must provide training to appropriate special education personnel and send DESE evidence of training by 3/15.