* § 4401-a. Referral and evaluation for special education services or\nprograms. 1. Any student suspected of having a disability may be\nreferred for initial evaluation to determine if the student is a student\nwith a disability by the parent or person in parental relation, the\ncommissioner or a designee of a public agency responsible for providing\neducation to students with disabilities, including but not limited to\nthe school district in which the student resides. In addition, a\nprofessional staff member of the school which the student attends or\nprofessional staff member of the school district in which the student\nresides, physician, judicial officer, professional staff member of a\npublic agency, or the pupil himself or herself if such pupil is eighteen\nyears of age or older or is an emancipated minor may request that the\nschool district in which the student resides refer the student for\ninitial evaluation.\n 2. A request for referral submitted by an individual other than the\nstudent student or a judicial officer shall:\n a. state the reasons in writing for the referral and include any test\nresults, records or reports upon which the referral is based unless such\ntest results, records or reports are unavailable;\n b. describe in writing, intervention services programs or\ninstructional methodologies to remediate the student's performance prior\nto referral including any supplementary aids or support services\nprovided for this purpose or state the reason why no such attempts were\nmade; and\n c. describe the extent of contact or involvement prior to the referral\nwith the parent or person in parental relationship.\n 3. A referral submitted by a parent or person in parental relation\nshall be submitted in writing to the chairperson of the committee on\nspecial education or the building administrator of the school which the\nstudent attends or is eligible to attend. If such referral is submitted\nto the building administrator, the building administrator shall forward\na copy to the chairperson of the committee on special education. If such\nreferral is submitted to the chairperson of the committee such\nchairperson shall forward a copy of such referral to the building\nadministrator of the school which the student attends or is eligible to\nattend. A referral submitted by any other individual shall be submitted\nin writing to the chairperson of the committee on special education or\nthe building administrator of the school which the student attends or is\neligible to attend. The building administrator may request a meeting\nwith the parent or person in parental relation to the student for the\npurpose of discussing educational alternatives to special education.\nSuch alternatives may include the provision of services designed to\naddress the learning needs of the student and maintain a child's\nplacement in general education with the provision of appropriate\neducational and support services. Nothing contained in this section\nshall in any way impede a committee on special education from continuing\nits duties and functions under this article with regard to a student\nreferred for special education or a parent's access to the committee,\nexcept that, if the parent concurs in writing with the building\nadministrator to the provision of educational alternatives to special\neducation, the referral shall be deemed withdrawn.\n 4. The individual evaluation of the educational needs of a student\nreferred to the committee on special education shall be conducted by\nqualified individuals, in accordance with regulations of the\ncommissioner, with the results of such evaluation forwarded to the\ncommittee on special education and the student's parent or person in\nparental relation.\n 5. Special education services and programs shall be provided after the\nappropriateness of the resources of the regular education program,\nincluding, but not limited to, support services, speech and language\nservices, additional educa
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