Kansas › K.S.A. 72-3428
K.S.A. 72-3428
The Kansas Special Education Process Handbook, which the Kansas State Department of Education (KSDE) publishes chapter by chapter, reprints K.S.A. 72-3428 6 times, in Chapter 1: Parent Rights in Special Education (Procedural Safeguards) and Chapter 3: Initial Evaluation and Eligibility. What follows is each reprint, quoted verbatim from the captured chapters (tools/packets/kansas-packet.txt), including the PDF text layer's line-wrap artifacts, which are reproduced rather than corrected. Where a reprint crosses a page, the quotation is split at the page break rather than bridged across the running head. The handbook reprints the parts of a section a chapter needs, so a reprint may be an excerpt: this is the handbook's text, not the section as the state publishes it, which is not captured here. All dates on this page are quoted from the source, not a deadline calculation performed for you.
As the handbook reprints it
Printed in: Chapter 1: Parent Rights in Special Education (Procedural Safeguards)
Heading, as printed: "K.S.A. 72-3428. Initial evaluation of children prior to provision of services; parental consent; reevaluation; notice"
"(b) An agency shall provide notice to the parents of a child that describes any evaluation procedures such agency proposes to conduct."
Printed in: Chapter 3: Initial Evaluation and Eligibility
Heading, as printed: "K.S.A. 72-3428. Initial evaluation of children prior to provision of services; procedure; duties of IEP team."
"(i) As part of an initial evaluation, if appropriate, and as part of any reevaluation under this section, the IEP team and other qualified professionals, as appropriate, shall:"
"(1) Review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based assessments and observations, and teacher and related services providers’ observations; and"
"(2) on the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine:"
"(A)Whether the child is an exceptional child and the educational needs of the child, or in the case of a reevaluation of a child, whether the child continues to be an exceptional child and the current educational needs of the child;"
"(B) the present levels of academic and related needs of the child;"
"(C) whether the child needs special education and related services; or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and"
"(D) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum."
Printed in: Chapter 3: Initial Evaluation and Eligibility
Heading, as printed: "K.S.A. 72-3428. Initial evaluation of children prior to provision of services; parental consent; notice; procedure."
"(b) An agency shall provide notice to the parents of a child that describes any evaluation procedures such agency proposes to conduct. In conducting the evaluation, the agency shall:"
"(1) Use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information, including information provided by the parent, that may assist in determining whether the child is an exceptional child and the content of the child’s individualized education program, including information related to enabling the child to be involved, and progress, in the general education curriculum or, for preschool children, to participate in appropriate activities;"
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"(2) not use any single measure or assessment as the sole criterion for determining whether a child is an exceptional child or determining an appropriate educational program for the child;"
"(3) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors; and"
"(4) in determining whether a child has a specific learning disability, not be required to take into consideration whether the child has a severe discrepancy between achievement and intellectual ability, and may use a process that determines if the child responds to scientific, research-based intervention as part of the child’s evaluation."
Printed in: Chapter 3: Initial Evaluation and Eligibility
Heading, as printed: "K.S.A. 72-3428. Initial evaluation of children prior to provision of services; parental consent; procedure."
"(c) An agency shall ensure that:"
"(4) the assessments of any child who transfers from another agency during the school year are coordinated with the child’s prior school, as necessary and as expeditiously as possible, to ensure prompt completion of an evaluation begun by the prior school."
Printed in: Chapter 3: Initial Evaluation and Eligibility
Heading, as printed: "K.S.A. 72-3428. Initial evaluation of children prior to provision of services; notice; procedure."
"(b) An agency shall provide notice to the parents of a child that describes any evaluation procedures such agency proposes to conduct. In conducting the evaluation, the agency shall:"
"(1) Use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information, including information provided by the parent, that may assist in determining whether the child is an exceptional child and the content of the child’s individualized education program, including information related to enabling the child to be involved, and progress, in the general education curriculum or, for preschool children, to participate in appropriate activities;"
"(2) not use any single measure or assessment as the sole criterion for determining whether a child is an exceptional child or determining an appropriate educational program for the child;"
"(3) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors; and"
"(4) in determining whether a child has a specific learning disability, not be required to take into consideration whether the child has a severe discrepancy between achievement and intellectual ability, and may use a process that determines if the child responds to scientific, research-based intervention as part of the child’s evaluation."
"(c) An agency shall ensure that:"
"(1) Assessments and other evaluation materials used to assess a child under this section:"
"(A) Are selected and administered so as not to be discriminatory on a racial or cultural basis;"
"(B) are provided and administered in the language and form most likely to yield accurate information on what the child knows and is able to do academically, developmentally and functionally, unless it is not feasible to so provide or administer;"
"(C) are valid and reliable for the specific purpose for which they are used;"
"(D) are administered by trained and knowledgeable personnel; and"
"(E) are administered in accordance with instructions provided by the producer of such tests;"
"(2) the child is assessed in all areas of suspected exceptionality;"
"(3) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided; and"
"(4) the assessments of any child who transfers from another agency during the school year are coordinated with the child’s prior school, as necessary and as expeditiously as possible, to ensure prompt completion of an evaluation begun by the prior school."
Printed in: Chapter 3: Initial Evaluation and Eligibility
Heading, as printed: "K.S.A. 72-3428. Initial evaluation of children prior to provision of services; parental consent; procedure."
"(e) Upon completion of the administration of assessments and other evaluation materials:"
"(1) The determination of whether the child is an exceptional child shall be made by a team of qualified professionals and the parent of the child in accordance with this section; and"
"(2) a copy of the evaluation report and the documentation of determination of eligibility shall be given to the parent."
"(f) In making a determination of eligibility under this section, a child shall not be determined to be an exceptional child if the determinant factor for such determination is lack of instruction in reading, including instruction using the essential components of reading instruction, math or limited English proficiency."
"(g) (1) If it is determined that a child is an exceptional child, the agency shall seek consent from the parent of the child to provide special education and related services to the child. No such services shall be provided until consent is given by the parent."
"(2) If the parent of a child refuses to consent to the provision of services, or fails to respond to a request for consent to services, the agency:"
"(A) Shall not initiate any procedure or proceeding under this act to gain authority to provide services to the child;"
"(B) shall not be considered to be in violation of the requirement to provide a free appropriate public education to the child; and"
"(C) shall not be required to convene an IEP meeting or develop an IEP for the child."
On this site
This record is one of 33 built from the statute and regulation sections Kansas's handbook chapters reprint. Kansas's page assembles the routes and stated timelines from the same chapters, and lists every record under its source map.
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Source
Kansas Special Education Process Handbook, Chapter 1: Parent Rights in Special Education (Procedural Safeguards) (PDF), ksde.gov; page footers read 6/12/26; retrieved Aug 29, 2026.
Kansas Special Education Process Handbook, Chapter 3: Initial Evaluation and Eligibility (PDF), ksde.gov; page footers read 6/12/26; retrieved Aug 29, 2026.
Change log
Sep 30, 2026 · Record created. Built by tools/render-citations.py from tools/packets/kansas-packet.txt (capture of Aug 29, 2026): one record per K.S.A. or K.A.R. section the handbook's chapters reprint under a heading line of their own, carrying every reprint of that section across the captured chapters, in document order. Source 3 of that packet, a 2018 mirror of the whole handbook, is not used: it carries wording KSDE has since rewritten. Text is quoted, not summarized. Reviewer: Carrie Schluter, reviewed 2026-10-01. Corrections on the record in this log: hello@fieldassembly.net.