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(8.15) What if I requested a special education evaluation for my child but I did not do it in writing?

(8.15) What if I requested a special education evaluation for my child but I did not do it in writing?

State law requires that a special education evaluation go forward even if the request is made orally by the parent. District staff receiving such a request must assist the parent, if the parent asks for the assistance, in putting the referral request into writing. [Title 5 California Code of Regulations (C.C.R.) Sec. 3021(a).] An oral request for evaluation, even if it was not acted on by the district, should be enough to show the district had sufficient knowledge of a suspected disability for purposes of holding an IEP team meeting to make a manifestation determination. [34 C.F.R. Sec. 300.534.]

Even if you have made an oral request for evaluation, you should also put your request in writing and send it to the school district. In your letter, you need to specifically request an evaluation for special education services and tell the district why you think your child has a qualifying disability. It is not enough just to express your concerns. [See Saddleback Valley Unified School District v. Student, OAH Case No. 2010100932.]