Report page 44

schools should consider whether a special education evaluation referral is warranted whenever a behavioral threat assessment is conducted.

While a referral for special education evaluation should be considered in each case, only cases that uncover potential unmet needs related to qualifying disability categories should be referred for special education evaluation.

Once a BTAM referral is made, schools must gather all relevant information. For SWD, several protections must be considered.

First, schools must document access to special education records, including in progress or previous referrals for evaluation, to ensure that those records are not accessed without parental permission except by those with a legitimate educational right to know the contents of the records.

Members of the BTAM team, including any formal and regular team members not employed by the district, are generally considered part of this exception meaning they may be able to access the student’s records.

Schools should have clear procedures for identifying when and by whom these records are accessed and for ensuring that all members of the BTAM team understand their responsibilities related to confidentiality.

Second, if the BTAM team recommends additional evaluations, then the entire IEP team must be involved in determining the scope of those evaluations, and all notification and evaluation procedures and timelines must be followed.

Further, to ensure that the concerning behaviors are understood in the context of the student’s disability, BTAM teams must be intentional about engaging in dialogue with the student, family members, and members of the IEP team, as well as those who know the student best during the interview and information-gathering process.

Additionally, the information-gathering process must include a review of existing IEP services and the extent to which those were delivered as intended as well as a review of the student’s present levels of performance and progress toward goals and objectives. These procedures ensure that the impact of the student’s disability is clearly understood in relation to the concerning behavior.

For SWD, it is important to interpret the concerning behavior in the context of the student’s disability and to ensure that all relevant behavioral protections are provided.

Specifically, due process notifications and manifestation hearing procedures may be relevant for SWD who have engaged in concerning behaviors subject to disciplinary measures.

The BTAM team must do more than identify if there is a substantive risk to self or others; the team must work collaboratively with the IEP team to deeply understand the situation in enough detail to increase services and supports effectively.

Ensuring that the BTAM team includes individuals with expertise in interpreting relevant special education evaluations, specifically those working closely with the student, should inform BTAM team determinations.