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(2.3) Does my child have to be referred to the student study/success team before assessment for special education?

(2.3) Does my child have to be referred to the student study/success team before assessment for special education?

No. A referral for special education assessment must initiate the assessment process and timelines and any use of the student study/success team (SST) process does not affect this obligation. There is no authority in law or regulation to require a pupil go through an SST before a referral for special education may be processed. 

While the law requires the school district to consider and utilize, where appropriate, the resources of the general education program before making a referral for special education[1], the SST process cannot act as a substitute for or delay the special education assessment and IEP timelines without your consent.[2]

School districts may conduct screenings of students to determine instructional strategies for students who are not yet eligible for special education. But screening may not delay a special education evaluation, which must be completed within 60 days of receiving parental consent.[3]

  1. Cal. Ed. Code Sec. 56303[]
  2. Cal. Ed. Code Sec. 56321(f).[]
  3. Letter to Torres (2009) Office of Special Education and Rehabilitative Services [OSERS] 53 IDELR 333.[]