Requesting an Evaluation in Arlington ISD

Requesting a Special Education Evaluation in Arlington ISD: A Guide

This guide provides information on requesting a special education evaluation for your child in Arlington Independent School District (AISD) in Texas. It outlines the process, your rights, and the school district's obligations under Texas law and the Individuals with Disabilities Education Act (IDEA). Understanding this information can help you advocate effectively for your child's educational needs.

How to Submit a Written Request

The most important first step in initiating the special education process is submitting a formal, written request for an evaluation. A verbal request is generally insufficient to trigger the district's legal obligations. The written request creates a formal record and starts the clock ticking on the required timelines.

Content of the Request: Your written request should include the following key elements:

• Your child's full name and date of birth.
• Your child's current school and grade level.
• Your contact information (address, phone number, email address).
• A clear statement that you are requesting a full and individual initial evaluation for special education services under IDEA and Texas law. Avoid vague language like "testing" and be explicit about requesting a *special education* evaluation.
• A detailed description of your child's specific areas of concern. Be as specific as possible. For example, instead of saying "My child is struggling in reading," say "My child has difficulty decoding words, often guesses at words instead of sounding them out, and struggles to comprehend reading passages, resulting in low grades in reading assignments." Include specific examples of your child's difficulties at home and at school.
• Any relevant medical diagnoses, evaluations, or reports from outside professionals (doctors, therapists, psychologists). Include copies of these reports, if available. This helps paint a comprehensive picture of your child's needs.
• Information about your child's academic performance, including grades, standardized test scores, and classroom observations. If possible, provide copies of report cards or test results.
• Any interventions or strategies that have already been tried to address your child's difficulties. Explain what was tried, for how long, and what the results were. This demonstrates that you have already attempted to address the concerns and that a deeper evaluation is needed.
• A clear statement of your concerns about your child's ability to access the general education curriculum. Explain how their difficulties impact their learning and participation in school.

Submitting the Request: Deliver your written request to the appropriate school official. The best person to contact is usually the principal of your child's school. You can also send it to the school's special education coordinator or the district's special education director. Be sure to keep a copy of the request for your records.

Delivery Methods: Send the request via certified mail with return receipt requested. This provides proof that the school district received your request. You can also deliver the request in person and obtain a signed and dated receipt from the school official receiving it. Email is generally not recommended as the sole method, but it can be used as a supplemental method with a read receipt requested.

The 45 School Day Timeline

Under Texas law (specifically the Texas Education Code and Texas Administrative Code related to special education), once the school district receives your written request for an evaluation, they have specific timelines to follow. The most crucial is the 45 school day timeline.

The 45 School Day Clock: The 45 school day timeline begins the *school day* after the district receives your written request. This means that weekends, holidays, and school breaks are not counted. The district must complete the Full and Individual Evaluation (FIE) and hold an Admission, Review, and Dismissal (ARD) committee meeting to discuss the evaluation results within this timeframe.

Initial ARD Meeting: The purpose of the initial ARD meeting is to review the evaluation results and determine if your child meets the criteria for special education services. If the ARD committee determines that your child is eligible, they will develop an Individualized Education Program (IEP) tailored to your child's specific needs.

Exceptions to the Timeline: There are very limited exceptions to the 45-day timeline. One exception is if the parent repeatedly fails or refuses to make the child available for the evaluation. Another exception exists when the student enrolls in a new school district after the initial request but before the evaluation is completed. In these instances, a new request might be necessary, potentially restarting the timeline. The district MUST notify you in writing if they are claiming an exception to the 45-day timeline.

Documenting the Timeline: It is crucial to carefully document the date you submitted your written request and track the progress of the evaluation process. Keep a log of all communications with the school district, including phone calls, emails, and meetings. This documentation will be essential if you need to advocate for your child's rights.

What to do if the Timeline is Missed: If the district fails to complete the evaluation and hold the ARD meeting within the 45 school day timeline without a valid exception, you have the right to file a complaint with the Texas Education Agency (TEA). This can prompt TEA to investigate and enforce compliance. You can also explore other dispute resolution options, such as mediation.

What the FIE Must Cover

The Full and Individual Evaluation (FIE) is a comprehensive assessment designed to determine if your child has a disability that qualifies them for special education services under IDEA. The FIE must be conducted by qualified professionals and must cover all areas of suspected disability. This means the evaluation must be tailored to your child's specific needs and concerns. It's not a one-size-fits-all approach.

Areas of Assessment: The FIE must include an assessment of your child in all areas related to the suspected disability. This may include, but is not limited to:

• Cognitive abilities (intellectual functioning): Assessed through standardized intelligence tests.
• Academic achievement (reading, writing, math): Assessed through standardized achievement tests and curriculum-based measures.
• Speech and language skills: Assessed by a speech-language pathologist to evaluate articulation, fluency, voice, language comprehension, and language expression.
• Motor skills (fine motor and gross motor): Assessed by an occupational therapist or physical therapist.
• Adaptive behavior: Assessed through parent and teacher questionnaires to evaluate daily living skills, social skills, and communication skills.
• Social and emotional functioning: Assessed through observations, interviews, and standardized questionnaires.
• Hearing and vision: A screening is usually done. If concerns are raised, a full audiological or ophthalmological evaluation may be required.
• Medical history: The evaluator may request information from your child's doctor.

Parent Input: The FIE must also consider information provided by you, the parent. This includes your observations of your child's strengths and weaknesses, your concerns about your child's educational progress, and any relevant medical or developmental history. Your input is crucial for a complete and accurate evaluation.

Observation in the Classroom: The FIE must include an observation of your child in their classroom setting. This allows the evaluators to see how your child interacts with their peers, how they participate in classroom activities, and how they respond to instruction. The classroom observation provides valuable context for the other assessment data.

Interpretation of Results: The FIE report must clearly explain the results of each assessment and how those results relate to your child's suspected disability. The report must also include recommendations for specific interventions and supports that could help your child succeed in school. The report should be written in a way that is easy for you to understand.

Independent Educational Evaluation (IEE): If you disagree with the results of the school district's FIE, you have the right to request an Independent Educational Evaluation (IEE) at public expense. The school district must either pay for the IEE or demonstrate at a due process hearing that their evaluation was appropriate. If the district pays for the IEE, they must consider the results of the IEE in making decisions about your child's special education services.

Child Find Obligations

Arlington ISD has a legal obligation under IDEA and Texas law to actively seek out and identify children with disabilities who may need special education services. This is known as "Child Find." This responsibility extends to all children residing within the district, regardless of whether they attend public school, private school, or are homeschooled.

Identifying Students: The district must have procedures in place to identify students who may have a disability. This includes screening students, reviewing student records, and monitoring student progress. Teachers and other school staff are trained to recognize signs that a student may need special education services.

Referrals: Anyone can refer a child for a special education evaluation, including parents, teachers, doctors, or other professionals. If you have concerns about your child's development or academic progress, you have the right to request an evaluation, as described earlier.

Public Awareness: Arlington ISD must make information about special education services available to the public. This includes information about the district's Child Find obligations and how to request an evaluation. This information is usually available on the district's website and in school handbooks.

Private Schools and Homeschooling: Even if your child attends a private school or is homeschooled, they are still entitled to a special education evaluation if you suspect they have a disability. The district where the private school or homeschool is located is responsible for providing the evaluation. If your child is eligible for special education services, the district is not required to provide those services in the private school or homeschool setting, but they must offer a Free Appropriate Public Education (FAPE) in the public school setting.

What If They Refuse

In some cases, Arlington ISD may refuse to conduct a special education evaluation, even after you have submitted a written request. This can be frustrating and disheartening, but it is important to understand your rights and know how to respond.

Prior Written Notice: If the district refuses to evaluate your child, they must provide you with a Prior Written Notice (PWN). The PWN must explain the reasons for the refusal, the other options that were considered, and the reasons why those options were rejected. The PWN must also inform you of your right to disagree with the decision and your right to seek dispute resolution.

Your Options: If you disagree with the district's refusal to evaluate your child, you have several options:

• Request Mediation: Mediation is a voluntary process in which a neutral third party helps you and the school district reach an agreement.
• File a Complaint with the Texas Education Agency (TEA): You can file a formal complaint with TEA if you believe the district has violated IDEA or Texas special education law.
• Request a Due Process Hearing: A due process hearing is a formal legal proceeding in which an impartial hearing officer hears evidence and makes a decision about your child's special education needs. This is a more formal and potentially lengthy process.

Document Everything: It is crucial to document all communications with the school district, including the date of your written request, the date you received the PWN, and any phone calls or emails. This documentation will be essential if you need to pursue dispute resolution.

Seek Legal Assistance: Consider seeking assistance from a special education attorney or advocate. They can help you understand your rights, navigate the legal process, and advocate for your child's needs.

After the Evaluation

After the Full and Individual Evaluation (FIE) is completed, the school district will schedule an Admission, Review, and Dismissal (ARD) committee meeting to discuss the results. This meeting is a crucial opportunity for you to collaborate with the school district to determine if your child is eligible for special education services and, if so, to develop an Individualized Education Program (IEP).

The ARD Committee: The ARD committee is a team of individuals who are responsible for making decisions about your child's special education services. The committee must include you, the parent; a representative of the school district who is qualified to provide or supervise special education services; your child's teacher; and other professionals who have knowledge or expertise regarding your child's needs. You have the right to invite other individuals to the ARD meeting, such as advocates, therapists, or family members.

Eligibility Determination: The ARD committee will review the results of the FIE and determine if your child meets the criteria for one of the 13 disability categories under IDEA. These categories include specific learning disability, autism, intellectual disability, emotional disturbance, speech or language impairment, visual impairment, hearing impairment, orthopedic impairment, other health impairment, traumatic brain injury, multiple disabilities, and deaf-blindness. To be eligible, the disability must adversely affect your child's educational performance.

Developing the IEP: If the ARD committee determines that your child is eligible for special education services, they will develop an Individualized Education Program (IEP). The IEP is a written document that outlines your child's specific educational needs, goals, and the services and supports that will be provided to help them achieve those goals. The IEP must be tailored to your child's individual needs and must be designed to provide them with a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE).

Key Components of the IEP: The IEP must include the following key components:

• Present Levels of Academic Achievement and Functional Performance: A description of your child's current strengths and weaknesses in academic and functional areas.
• Measurable Annual Goals: Specific, measurable, achievable, relevant, and time-bound (SMART) goals for your child's progress in academic and functional areas.
• Special Education and Related Services: A description of the specific special education and related services that will be provided to your child, such as specialized instruction, speech therapy, occupational therapy, counseling, and transportation.
• Accommodations and Modifications: A description of the accommodations and modifications that will be provided to your child in the classroom, such as extended time on tests, preferential seating, and modified assignments.
• Placement: A description of the educational setting where your child will receive services, such as general education classroom, resource room, or self-contained classroom. The IEP must explain why your child is being placed in a particular setting and why that setting is the LRE for your child.
• Progress Monitoring: A description of how your child's progress toward their goals will be measured and reported to you.

Your Role in the IEP Process: As a parent, you are an equal member of the ARD committee and have the right to participate fully in the IEP process. You have the right to ask questions, express your concerns, and provide input on your child's goals, services, and placement. Do not hesitate to advocate for your child's needs and ensure that the IEP is tailored to their individual strengths and weaknesses.

Implementing and Reviewing the IEP: Once the IEP is developed, the school district is responsible for implementing it. The IEP must be reviewed and updated at least annually, or more frequently if needed. You have the right to request an ARD meeting at any time if you have concerns about your child's progress or the implementation of the IEP.

By understanding the process of requesting a special education evaluation and participating actively in the ARD process, you can effectively advocate for your child's educational needs and ensure that they receive the services and supports they need to succeed in school.