How to Request a Special Education Evaluation in Texas

As a parent, you know your child best. If you suspect your child may have a disability that is impacting their learning, you have the right to request a special education evaluation from their school district in Texas. This can feel like a daunting process, but this guide will walk you through the steps to request an evaluation and understand your rights under Texas law. We're here to empower you to be an effective advocate for your child's educational needs.

Understanding Your Rights: IDEA and Texas Law

The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures children with disabilities have access to a free and appropriate public education (FAPE). Texas implements IDEA through the Texas Education Code, specifically Chapter 29, and rules established by the Texas Education Agency (TEA). These laws guarantee your child's right to a special education evaluation if there's reason to suspect a disability.

Specifically, IDEA and Texas law require that school districts have procedures in place to identify, locate, and evaluate all children with disabilities residing in the state, regardless of whether they are enrolled in public school. This is often referred to as "Child Find." This means that if you have concerns about your child's development or academic progress, you can request an evaluation, even if your child is homeschooled or attends a private school.

It's crucial to remember that a parent's request for an evaluation triggers specific timelines and responsibilities for the school district. Understanding these rights is the first step in advocating for your child.

How to Formally Request an Evaluation

The most important thing to remember is that your request must be in writing. While a verbal request might be acknowledged, a written request creates a formal record and initiates the legal timelines. Here's a step-by-step guide to crafting your request:

1. Write a Formal Letter: Address your letter to the school principal, the special education director, or the campus administrator responsible for special education services. Clearly state that you are requesting a full and individual initial evaluation for special education services for your child, [Child's Full Name], born on [Child's Date of Birth], and currently in [Child's Grade Level] at [Child's School Name].
2. State Your Concerns: Be specific about your concerns regarding your child's academic, behavioral, or developmental progress. Provide concrete examples. For instance, instead of saying "My child is struggling in reading," say "My child is significantly behind their peers in reading fluency and comprehension. They are unable to sound out simple words and often guess at words instead of reading them. This impacts their ability to complete reading assignments and understand classroom instruction." Include any relevant information such as observations from home, doctor's notes, or previous assessments.
3. Reference Relevant Information: If you have any documentation that supports your concerns, such as report cards, teacher communications, or medical diagnoses, mention them in your letter and indicate that you are attaching copies (keep the originals!).
4. Request Specific Evaluations: If you have specific concerns about certain areas, you can request specific evaluations. For example, if you suspect a learning disability in reading, you can request a psychoeducational evaluation that includes assessments of reading skills, such as decoding, fluency, and comprehension. If you suspect a speech impairment, you can request a speech-language evaluation.
5. Keep a Copy: Make a copy of your letter and all attachments for your records.
6. Send it Certified Mail: Send your letter via certified mail with return receipt requested. This provides proof that the school district received your request.

While you can hand-deliver the letter, certified mail provides irrefutable proof of delivery and is highly recommended.

What Happens After You Submit Your Request?

Once the school district receives your written request, they have a specific timeline to respond. According to TEA rules, the school district must provide you with written notice of their decision to evaluate or not evaluate your child within 15 school days. This notice is crucial because it outlines the next steps in the process.

If the District Agrees to Evaluate: The district will send you a consent form to sign, giving them permission to proceed with the evaluation. Once you sign and return the consent form, the district has 45 school days to complete the evaluation and hold an Admission, Review, and Dismissal (ARD) committee meeting to discuss the results. The ARD committee, which includes you as a key member, will determine if your child meets the criteria for special education services and, if so, will develop an Individualized Education Program (IEP) tailored to your child's needs.

If the District Refuses to Evaluate: The district must provide you with a written explanation of why they are refusing to evaluate your child. This is called Prior Written Notice. You have the right to challenge this decision through various dispute resolution options, including mediation or a due process hearing. You also have the right to obtain an Independent Educational Evaluation (IEE) at public expense if you disagree with the district's decision not to evaluate or with the results of the district's evaluation.

Understanding the ARD Process and IEP Development

The ARD committee meeting is a cornerstone of the special education process in Texas. This meeting brings together parents, teachers, administrators, and other relevant professionals to discuss your child's evaluation results, determine eligibility for special education services, and develop an IEP. Your participation and input are vital during this process.

The IEP is a legally binding document that outlines your child's present levels of academic and functional performance, measurable annual goals, specific special education and related services, accommodations, and modifications. It's a roadmap for your child's education, and you have the right to actively participate in its development and ensure that it meets your child's unique needs.

Remember that the ARD committee must consider your input and perspectives as a parent. Don't hesitate to ask questions, share your concerns, and advocate for what you believe is best for your child. If you disagree with the ARD committee's decisions, you have the right to pursue dispute resolution options.

Action Steps: What to Do Next

1. Document Your Concerns: Keep a detailed record of your child's struggles, including specific examples and dates.
2. Gather Supporting Documentation: Collect report cards, teacher communications, medical records, and any other relevant information.
3. Write Your Request Letter: Use the guidelines provided above to draft a formal, written request for a special education evaluation.
4. Send Your Letter via Certified Mail: Obtain proof of delivery.
5. Prepare for the ARD Meeting: If the district agrees to evaluate, gather information about your child's strengths and weaknesses, and think about what goals you want to see addressed in the IEP.
6. Don't Be Afraid to Advocate: You are your child's best advocate. Ask questions, express your concerns, and actively participate in the ARD process.

Remember, you are not alone. There are many resources available to support you throughout this process. Don't hesitate to reach out to parent support groups, advocacy organizations, or legal professionals for assistance.