Requesting an Evaluation in Austin ISD

Requesting a Special Education Evaluation in Austin ISD

This guide provides information on requesting a special education evaluation for your child in Austin Independent School District (AISD), based on Texas law. If you believe your child has a disability that is impacting their ability to succeed in school, you have the right to request a full and individual initial evaluation (FIE) to determine if they are eligible for special education services.

How to Submit a Written Request

The first and most crucial step in initiating the special education evaluation process is submitting a formal, written request to AISD. This request should be clear, concise, and include specific information about your child and your concerns. While you can verbally express your concerns, a written request establishes a firm start date for the legal timelines and provides a documented record of your request.

Who to Send the Request To: The request should be addressed to the appropriate individual within your child's school. Typically, this will be the school principal, the special education director (or designated contact), or your child's teacher. It is often a good idea to copy the school principal on the email, even if you're sending it to someone else.

What to Include in the Request:

• Your Child's Full Name and Date of Birth: Ensure accurate identification.
• Your Child's Grade Level and Current Teacher's Name: This helps the school locate your child's records and current educational placement.
• Your Contact Information: Include your phone number and email address, so the school can easily reach you.
• Specific Concerns About Your Child's Academic Performance and/or Behavior: Be as detailed as possible. Provide concrete examples of difficulties your child is experiencing. Instead of saying "My child is struggling in math," say "My child struggles to complete multi-step math problems, consistently gets math facts wrong, and requires significant one-on-one support to complete math assignments."
• Observations at Home: Include details of behaviors and difficulties you observe at home that may be related to their struggles at school. Does your child struggle with focusing on homework? Are they easily frustrated? Do they have difficulty following directions?
• Medical or Psychological History (if relevant): If your child has been diagnosed with any medical or psychological conditions, or has a family history of learning disabilities, include this information. Provide copies of relevant documentation if possible.
• Previous Interventions and Supports: Detail any interventions or supports that have already been tried, and their effectiveness. Did your child receive tutoring? Did they participate in Response to Intervention (RtI)? Did those interventions help?
• Request for a Full and Individual Initial Evaluation (FIE): State explicitly that you are requesting a full and individual initial evaluation to determine if your child is eligible for special education services under the Individuals with Disabilities Education Act (IDEA) and Texas state law.
• Acknowledge Parental Rights: Include a sentence indicating you understand you have specific rights in the special education process.

Example Request Letter/Email:

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

[Date]

[Principal's Name/Special Education Contact Name]
[School Name]
[School Address]

Subject: Request for Special Education Evaluation for [Child's Full Name]

Dear [Principal's Name/Special Education Contact Name],

I am writing to request a full and individual initial evaluation (FIE) for my child, [Child's Full Name], who is in [Grade Level] at [School Name] in Ms./Mr. [Teacher's Last Name]'s class. [Child's Full Name]'s date of birth is [Date of Birth].

I am concerned about [Child's Full Name]'s progress in [Specific Subject(s) or Area(s)]. Specifically, [Child's Full Name] struggles with [Specific Examples of Difficulties]. For example, [Provide a concrete example]. At home, I have observed [Describe Observations at Home].

We previously tried [Previous Interventions and Supports]. [Describe the outcome of these interventions].

[Child's Full Name]'s medical history includes [Mention relevant medical or psychological history, if any].

I believe that [Child's Full Name]'s difficulties may be indicative of a disability that requires special education services. Therefore, I am formally requesting a full and individual initial evaluation to determine [Child's Full Name]'s eligibility for special education services under the Individuals with Disabilities Education Act (IDEA) and Texas state law. I understand that I have specific rights in this process.

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

Sincerely,
[Your Name]

Sending the Request: The best method for sending your request is via email, as it provides an immediate timestamp and documented confirmation of receipt. You can also send a hard copy letter via certified mail with return receipt requested for added security. Keep a copy of your request for your records.

The 45 School Day Timeline

Once AISD receives your written request for an FIE, they have a legally mandated timeline to follow. According to Texas Administrative Code (TAC) §89.1011, the school district has 45 school days (not calendar days) to complete the following steps:

• Review the Request: The school's ARD (Admission, Review, and Dismissal) committee, including you as the parent, must review your request and any existing data on your child.
• Determine Whether to Conduct an Evaluation: The ARD committee will decide whether an evaluation is warranted based on the information provided and existing school data.
• Obtain Parental Consent for Evaluation: If the ARD committee decides to evaluate, they must obtain your written consent. The school must provide you with prior written notice of their proposed evaluation plan and your rights. You have the right to refuse consent.
• Conduct the Evaluation: Upon receiving your consent, the school has to conduct the FIE within the 45 school days. This involves administering various assessments by qualified professionals.
• Hold an ARD Meeting to Discuss the Evaluation Results: After the evaluation is completed, the ARD committee will meet to discuss the findings, determine if your child has a disability that qualifies them for special education services, and, if so, develop an Individualized Education Program (IEP).

Important Considerations Regarding the Timeline:

• School Days Only: The 45-school-day timeline excludes weekends, holidays, and school breaks (e.g., summer break, Thanksgiving break, spring break).
• Summer Break: If the request is made near the end of the school year, the timeline may extend into the following school year. The 45 days starts again when school resumes.
• Extensions: In very specific situations and with your informed consent, the timeline can be extended. The extension should be documented and agreed upon by all parties involved.
• Documentation is Key: Keep detailed records of all communication with the school, including the date you submitted your request, the dates of any meetings, and copies of all documents.

What the FIE Must Cover

The Full and Individual Initial Evaluation (FIE) must be comprehensive and assess all areas of suspected disability. Texas Administrative Code (TAC) §89.1040 outlines specific requirements for the evaluation.

Key Areas to be Assessed: The evaluation must assess all areas related to the suspected disability, including, but not limited to:

• Academic Achievement: Assessment of reading, writing, math, and other academic areas.
• Cognitive Abilities: Evaluation of intellectual functioning, including problem-solving, reasoning, and memory.
• Language and Communication: Assessment of expressive and receptive language skills.
• Motor Skills: Evaluation of gross and fine motor skills, as needed.
• Social and Emotional Functioning: Assessment of social skills, emotional regulation, and behavior.
• Adaptive Behavior: Evaluation of daily living skills, such as self-care, communication, and social skills in real-world settings.
• Hearing and Vision: Screening for hearing and vision impairments.

Qualified Professionals: The evaluation must be conducted by qualified professionals who are trained and experienced in assessing children with disabilities. This may include:

• Educational Diagnostician: Assesses academic skills and learning disabilities.
• School Psychologist: Evaluates cognitive abilities, social-emotional functioning, and behavior.
• Speech-Language Pathologist: Assesses language and communication skills.
• Occupational Therapist: Evaluates motor skills and sensory processing.
• Physical Therapist: Evaluates gross motor skills and mobility.
• Licensed Specialist in School Psychology (LSSP): Provides psychological services and assessments.

Use of Multiple Assessment Tools: The evaluation must use a variety of assessment tools and strategies to gather information about your child. This may include:

• Standardized Tests: Norm-referenced tests that compare your child's performance to that of other children of the same age and grade.
• Observations: Systematic observations of your child in the classroom and other school settings.
• Interviews: Interviews with you, your child, and school staff.
• Review of Records: Review of your child's academic records, medical records, and previous evaluations.
• Work Samples: Collection and analysis of your child's work samples.

Parental Input: The evaluation team must consider your input and concerns regarding your child's strengths, weaknesses, and learning needs. You are a vital member of the team and your perspective is essential.

Independent Educational Evaluation (IEE): If you disagree with the results of the school's evaluation, you have the right to request an Independent Educational Evaluation (IEE) at public expense (i.e., paid for by the school district) if certain conditions are met. You can also pay for a private IEE if you so choose.

Child Find Obligations

AISD 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 their jurisdiction, regardless of whether they are enrolled in public school. This is known as "Child Find."

What Does Child Find Mean for You?

• Proactive Identification: AISD should have procedures in place to identify children who may have disabilities, even if they are not yet exhibiting significant academic or behavioral problems.
• Awareness Campaigns: AISD should conduct public awareness campaigns to inform parents about special education services and how to access them.
• Screening and Monitoring: AISD should implement screening and monitoring programs to identify students who may be at risk for developing disabilities.
• Referral Process: AISD should have a clear and accessible referral process for parents and school staff who suspect a child may have a disability.

If You Suspect a Disability: Even if your child is not struggling significantly in school, but you have concerns about their development or learning, you have the right to request an evaluation. AISD cannot deny your request simply because your child is performing at grade level if there is reason to suspect a disability. You are not required to wait for the school to identify a concern; you can initiate the process.

What If They Refuse

If AISD refuses to conduct an evaluation after you have submitted a written request, they must provide you with written notice explaining their reasons for the refusal. This notice must comply with the requirements for prior written notice under IDEA and Texas law. The notice should clearly state why the school believes an evaluation is not warranted and provide you with information about your rights to challenge the decision.

Your Options if the School Refuses:

• Request Mediation: Mediation is a voluntary process where you and the school district meet with a neutral third party to try to resolve the disagreement.
• File a Complaint with the Texas Education Agency (TEA): You can file a formal complaint with the TEA if you believe AISD has violated IDEA or Texas special education law.
• Request a Due Process Hearing: A due process hearing is a formal legal proceeding where you present evidence and arguments to an impartial hearing officer who will make a decision about the dispute. This is a more adversarial process than mediation.
• Legal Action: As a last resort, you can pursue legal action in federal court.

Document Everything: Keep detailed records of all communication with the school, including the date you submitted your request, the date you received the refusal, and the reasons provided by the school. This documentation will be essential if you decide to pursue any of the above options.

After the Evaluation

Once the FIE is complete, the ARD committee will meet to discuss the results. This meeting is crucial, and you are a vital member of the team.

Key Outcomes of the ARD Meeting:

• Eligibility Determination: The ARD committee will determine whether your child meets the eligibility criteria for special education services under IDEA and Texas law. This decision is based on the evaluation results and other relevant information.
• IEP Development (If Eligible): If your child is found eligible for special education, the ARD committee will develop an Individualized Education Program (IEP). The IEP is a legally binding document that outlines your child's specific educational needs, goals, and the services and supports they will receive.
• Placement Decision (If Eligible): The ARD committee will determine the most appropriate educational placement for your child, taking into consideration their individual needs and the least restrictive environment (LRE) principle. LRE means that your child should be educated with their non-disabled peers to the maximum extent appropriate.

Your Role in the ARD Meeting:

• Actively Participate: Share your insights and concerns about your child's needs and goals.
• Ask Questions: Don't hesitate to ask questions about the evaluation results, proposed IEP, or placement options.
• Advocate for Your Child: Advocate for the services and supports that you believe your child needs to succeed.
• Review the IEP Carefully: Before signing the IEP, review it carefully to ensure that you understand all of its provisions and that you agree with the goals and services outlined.

What If You Disagree with the ARD Committee's Decisions? If you disagree with the ARD committee's decisions regarding eligibility, IEP development, or placement, you have the right to challenge those decisions through mediation, a complaint to TEA, or a due process hearing, as outlined previously. Remember to document all concerns and communication regarding disagreements.

This guide provides general information about requesting a special education evaluation in AISD. It is important to consult with legal counsel or advocacy groups specializing in special education law to ensure you are fully informed of your rights and options. Understanding the process and advocating for your child will increase the likelihood of securing the necessary support for their educational success.