Requesting an Evaluation in Aldine ISD

Requesting a Special Education Evaluation in Aldine ISD

This guide provides information for parents and guardians in Aldine ISD who believe their child may require special education services. It outlines the process of requesting an evaluation, the legal timelines involved, the scope of the evaluation, and what to do if your request is denied. This information is based on Texas state law and regulations regarding special education.

How to Submit a Written Request

The first step in obtaining a special education evaluation for your child is to submit a written request to the school district. This request should be clear, concise, and demonstrate your concerns about your child's academic or behavioral performance. While a phone call or verbal communication can initiate a conversation, a formal written request creates a documented record of your request and starts the mandated timeline under Texas law.

Your written request should include the following information:

• Date: The date you are submitting the request.
• Child's Full Name: Your child's legal name.
• Child's Date of Birth: Your child's date of birth.
• Child's Grade Level: Your child's current grade level.
• Child's School: The name of the Aldine ISD school your child attends.
• Your Name and Contact Information: Your full name, address, phone number, and email address.
• Specific Concerns: Clearly and specifically describe your concerns about your child's academic, behavioral, or developmental performance. Be as detailed as possible, providing examples of specific difficulties your child is experiencing. For instance, instead of saying "My child struggles in math," you might say, "My child struggles with multi-digit multiplication, often reversing numbers and failing to grasp the concept of carrying over."
• Reasons for Suspecting a Disability: Explain why you believe your child's difficulties might be related to a disability. This could include information from doctors, therapists, or previous assessments. You are not required to diagnose your child, but providing any relevant information will be helpful. For example, "My child has been diagnosed with ADHD by Dr. Smith and struggles with focus and attention in the classroom." Or, "My child has a history of speech delays and continues to have difficulty expressing herself clearly."
• Request for Evaluation: State clearly that you are requesting a full and individual evaluation to determine if your child is eligible for special education services under the Individuals with Disabilities Education Act (IDEA).
• Signature: Sign and date the letter.

After composing your request, you should send it to the appropriate school official. This is typically the school principal, the school's special education coordinator, or the ARD (Admission, Review, and Dismissal) committee chairperson. It is highly recommended to send the request via certified mail with return receipt requested. This provides proof that the school received your request and the date of delivery. Keep a copy of the request and the return receipt for your records.

Example:

[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]

[Date]

[Principal's Name]
Principal
[School Name]
[School Address]

Subject: Request for Special Education Evaluation

Dear Principal [Principal's Last Name],

I am writing to request a full and individual evaluation for my child, [Child's Full Name], date of birth [Child's Date of Birth], who is currently in the [Grade Level] grade at [School Name].

I am concerned about [Child's Name]'s progress in [Subject/Area]. [He/She] struggles with [Specific examples of difficulties, e.g., reading comprehension, writing assignments, following directions, social interactions]. For example, [Provide specific examples]. [He/She] also [Add other concerns, e.g., has difficulty staying focused in class, is frequently disruptive, avoids participating in group activities].

I believe these difficulties may be related to a disability and request that [Child's Name] be evaluated to determine eligibility for special education services under the Individuals with Disabilities Education Act (IDEA).

Thank you for your time and consideration. I look forward to hearing from you soon.

Sincerely,

[Your Signature]

[Your Typed Name]

The 45 School Day Timeline

Once Aldine ISD receives your written request for a special education evaluation, a strict 45 school day timeline is triggered under Texas Education Code §29.004 and related regulations. This timeline dictates the maximum amount of time the district has to complete the evaluation process and determine your child's eligibility for special education services. It is crucial to understand this timeline to ensure your child receives timely support.

The 45 school day period begins on the date the school district receives your written request. It's important to note that this is 45 school days, not calendar days. Weekends, holidays, and school breaks (e.g., summer break) are not counted as school days.

Within this 45-day window, the following must occur:

• Review of Existing Data: The ARD committee will review existing data about your child, including grades, attendance records, teacher observations, previous evaluations (if any), and information you provide.
• Determination of Need for Evaluation: Based on the review of existing data, the ARD committee will determine whether an evaluation is warranted. They may decide that there is not enough evidence to suggest a disability, in which case they can deny the request (more on this later).
• If Evaluation is Warranted: If the ARD committee decides to proceed with an evaluation, they must determine the scope of the evaluation - what areas will be assessed. This should be tailored to your child's specific needs and the areas of concern you identified in your request.
• Parental Consent for Evaluation: The school district must obtain your written consent before conducting the evaluation. You have the right to refuse any part of the evaluation.
• Completion of the Evaluation: The evaluation must be conducted by qualified professionals, such as educational diagnosticians, school psychologists, speech-language pathologists, and occupational therapists, depending on the areas being assessed.
• Evaluation Report: A comprehensive evaluation report (FIE - Full and Individual Evaluation) must be prepared, summarizing the findings of the evaluation and providing recommendations for educational interventions.
• ARD Meeting: An ARD meeting must be held to discuss the evaluation results, determine if your child meets the eligibility criteria for special education services, and, if eligible, develop an Individualized Education Program (IEP).

The district is required to make reasonable efforts to complete the evaluation within the 45-day timeline. If there are delays, the district must notify you in writing and explain the reasons for the delay. It is important to maintain open communication with the school throughout this process.

What the FIE Must Cover

The Full and Individual Evaluation (FIE) is a comprehensive assessment designed to determine whether a child has a disability that qualifies them for special education services under the Individuals with Disabilities Education Act (IDEA). The FIE must be individualized to the child's specific needs and concerns, and it must be conducted by qualified professionals. Texas law outlines specific requirements for what the FIE must cover.

The FIE must include assessments in all areas related to the suspected disability. This means that the scope of the evaluation will depend on the specific concerns raised about the child's academic, behavioral, or developmental performance. Some common areas assessed in an FIE include:

• Cognitive Ability: Measures of intellectual functioning, problem-solving skills, and learning potential.
• Academic Achievement: Assessments of reading, writing, mathematics, and other academic areas.
• Language and Communication: Evaluation of receptive and expressive language skills, articulation, fluency, and social communication.
• Motor Skills: Assessment of gross motor skills (e.g., running, jumping) and fine motor skills (e.g., writing, buttoning).
• Adaptive Behavior: Evaluation of the child's ability to function independently in daily life, including self-care, social skills, and practical skills.
• Social and Emotional Development: Assessment of emotional regulation, social skills, and behavioral functioning.
• Medical Information: Review of relevant medical records and consultations with medical professionals, if necessary.
• Assistive Technology Needs: Consideration of whether the child requires assistive technology devices or services to access the curriculum and participate in school activities.

The FIE must use a variety of assessment methods, including:

• Standardized Tests: Norm-referenced tests that compare the child's performance to that of other children of the same age.
• Observations: Systematic observations of the child in various settings, such as the classroom, playground, and home.
• Interviews: Interviews with the child, parents, teachers, and other relevant individuals.
• Review of Records: Review of the child's educational records, medical records, and other relevant documents.

The FIE report must include:

• A summary of the evaluation findings.
• A description of the assessment methods used.
• An interpretation of the results.
• A determination of whether the child meets the eligibility criteria for special education services.
• Recommendations for educational interventions and support services.

It is crucial that the FIE is thorough and comprehensive, providing a clear picture of the child's strengths and weaknesses. If you believe that the FIE is incomplete or does not adequately address your concerns, you have the right to request an independent educational evaluation (IEE) at public expense under certain circumstances.

Child Find Obligations

Aldine ISD, like all school districts in Texas, has a legal obligation under the Individuals with Disabilities Education Act (IDEA) and Texas state law to actively identify, locate, and evaluate all children with disabilities residing within its boundaries who may be in need of special education and related services. This is known as "Child Find." This obligation applies to all children, regardless of whether they are enrolled in public schools, private schools, or are homeschooled.

The Child Find mandate means that Aldine ISD must have procedures in place to:

• Raise Awareness: Inform the community about the availability of special education services and the process for requesting an evaluation. This may involve public service announcements, outreach events, and information on the district's website.
• Screening: Conduct screenings of students to identify those who may be at risk for learning or developmental delays. These screenings may be conducted in schools or at community events.
• Referrals: Accept referrals from parents, teachers, doctors, and other professionals who suspect that a child may have a disability.
• Evaluations: Conduct evaluations of children who are suspected of having a disability to determine their eligibility for special education services.

If you believe that Aldine ISD is not fulfilling its Child Find obligations, you have the right to file a complaint with the Texas Education Agency (TEA).

The district cannot simply wait for parents to bring concerns; they have a proactive responsibility to seek out and identify children who may need help. This is particularly important for children who may not be readily identifiable as having a disability, such as those who are quiet or withdrawn, or those whose disabilities are masked by other factors.

What If They Refuse

Aldine ISD may refuse to conduct a special education evaluation if they determine that there is not enough evidence to suspect that your child has a disability. However, they cannot simply deny your request without a thorough review of existing data and consideration of your concerns. If the district refuses to evaluate your child, they must provide you with written notice explaining the reasons for their refusal.

This written notice must include:

• A description of the action proposed or refused by the agency. In this case, the refusal to conduct an evaluation.
• An explanation of why the agency proposes or refuses to take the action. The specific reasons why the district believes an evaluation is not warranted.
• A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action. This should include a summary of the data they reviewed.
• A description of other options that the agency considered and the reasons why those options were rejected.
• A description of other factors that are relevant to the agency's proposal or refusal.
• Information about your rights under IDEA, including your right to dispute the district's decision.
• Sources for you to contact to obtain assistance in understanding your rights.

If you disagree with the district's decision to refuse an evaluation, you have several options:

• Request an ARD Meeting: Request an ARD meeting to discuss your concerns and present additional information that supports your request for an evaluation.
• Request Mediation: Request mediation with the district to attempt to resolve the dispute. Mediation is a voluntary process in which a neutral third party helps the parties reach an agreement.
• File a Complaint with the Texas Education Agency (TEA): File a formal complaint with the TEA alleging that the district has violated IDEA. The TEA will investigate your complaint and issue a decision.
• Request a Due Process Hearing: Request a due process hearing, which is a formal legal proceeding in which an impartial hearing officer will hear evidence and make a decision about whether the district should conduct an evaluation. This is a more formal and adversarial process than mediation.
• Request an Independent Educational Evaluation (IEE): If you disagree with the district's evaluation (or lack thereof), you have the right to request an IEE at public expense if you can demonstrate that the district's evaluation (or decision not to evaluate) was inappropriate.

It is important to consult with an attorney or advocate knowledgeable about special education law to understand your rights and options.

After the Evaluation

After the Full and Individual Evaluation (FIE) is completed, the next step is to convene an Admission, Review, and Dismissal (ARD) committee meeting. This meeting is crucial for determining your child's eligibility for special education services and, if eligible, developing an Individualized Education Program (IEP).

The ARD committee is composed of:

• Parents: You, as the parent or guardian, are a critical member of the ARD committee. Your input and perspectives are essential.
• School Administrator: A representative of the school district, such as the principal or assistant principal.
• General Education Teacher: Your child's general education teacher, if applicable.
• Special Education Teacher: A special education teacher who is familiar with your child's needs.
• Evaluation Personnel: The professionals who conducted the evaluation (e.g., educational diagnostician, school psychologist, speech-language pathologist).
• Other Relevant Individuals: You or the school district can invite other individuals who have knowledge or expertise about your child, such as therapists, doctors, or advocates.

At the ARD meeting, the committee will:

• Review the Evaluation Results: Discuss the findings of the FIE and clarify any questions.
• Determine Eligibility: Based on the evaluation results, the committee will determine whether your child meets the eligibility criteria for special education services under one of the 13 disability categories defined by IDEA.
• Develop an IEP (if eligible): If your child is found eligible for special education services, the committee will develop an IEP, which is a written plan that outlines your child's educational needs, goals, and the services and supports that will be provided to help them achieve those goals.

The IEP must include:

• Present Levels of Performance: A description of your child's current academic and functional performance.
• Measurable Annual Goals: Specific, measurable, achievable, relevant, and time-bound goals for your child to achieve within a year.
• Special Education and Related Services: A description of the special education and related services that will be provided to your child, such as specially designed instruction, speech therapy, occupational therapy, counseling, and transportation.
• Accommodations and Modifications: A list of accommodations and modifications that will be implemented in the classroom to help your child access the curriculum and participate in school activities.
• Placement: A description of the educational setting in which your child will receive services (e.g., general education classroom, resource room, self-contained classroom). The law requires that students with disabilities be educated in the least restrictive environment (LRE).

You have the right to participate fully in the ARD meeting and to disagree with any decisions made by the committee. If you disagree with the IEP, you have the right to request mediation, file a complaint with the TEA, or request a due process hearing.

The IEP is a living document that should be reviewed and revised at least annually, or more frequently if necessary. Regular communication with your child's teachers and therapists is essential to ensure that the IEP is meeting your child's needs and that they are making progress toward their goals.

This guide provides a general overview of the process of requesting a special education evaluation in Aldine ISD. It is important to consult with legal professionals or special education advocates for personalized advice and assistance.