What is a Referral?

A referral is “a written request for an evaluation of a child who is suspected of having a disability and who may be in need of special education and related services.”[1] Various parties may submit the referral:

  • The student, if 18 years of age or older.
  • The parent, guardian, or surrogate parent of the student.
  • A member of the school’s personnel.
  • Other qualified individuals, such as the student’s physician or social worker, provided parental permission to make the referral was previously granted.

The student need not actually be attending school yet to qualify for a referral: remember, one of the qualifications for SPED under the Individuals with Disabilities Education Act (IDEA) covers an age range of 3 to 21 years. Your school district is obligated to “identify children in need of special education from birth on, [a duty called] ‘child find.’”[2]

What is a PPT?

If you are not the individual who made the referral, you will receive a written notification (or notice) of it. In addition, you will have the right to participate on your child’s PPT, which is tasked with “review[ing] existing evaluation information that the school district has about your child to determine whether there is a need for any additional data or information.”[3] In other words, this is the group of individuals that determines whether the information they have on hand supports SPED placement, and you have the ability to directly impact that decision through your own participation.

The following is a list of those who typically comprise the PPT:

  • The child’s parents
  • One or more of the child’s regular education teachers (if any)
  • One or more of the child’s special education teachers/providers
  • A school district representative “who is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities and is knowledgeable about the general curriculum and about the availability of resources of the school district”
  • A member of student services, such as a guidance counselor or school psychologist
  • An individual “who can interpret the instructional implications of evaluation results” (possible dual-role with previously listed individuals, except for the parent)
  • The student him- or herself, when warranted
  • “[O]ther individuals who have knowledge or special expertise regarding children.”[4]

Consent in the Placement Process 

As a parent, you have the right to refuse consent of an evaluation. Informed consent means “you must be given full and complete disclosure of all relevant facts and information pertaining to your child regarding certain proposed activities by your local educational agency.”[5] It is required in the referral process when:

(a) [Y]our child undergoes an initial evaluation to determine his or her eligibility for special education and related services, (b) before your child is placed in special education services, (c) before your child is placed in private placement, and (d) before your child is reevaulated.

Consent to an initial evaluation does not automatically extend to the additional steps listed above: rather, new consent is required before the school district may take action. However, “a parent’s failure to give consent to a reevaulation may be overridden if the school district can show that a good-faith effort was made to obtain consent and the child’s parent failed to respond.”[6] Regardless, if you reject a proposed course of action, the school district must still provide your child with a free appropriate public education, or FAPE.

[1] “A Parent’s Guide to Special Education in Connecticut,” by the Connecticut State Department of Education, pp.2. Accessed October 8, 2012: http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf

[2] “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq., pp.10-11.

[3] See Footnote 1.

[4] See Footnote 1.

[5] See Footnote 2 at 11.

[6] Id at 11-12, citing 34 C.F.R. § 300.300.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well. 

If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.