Requesting an Evaluation in Comal ISD

Comal ISD Resources: District HomeARD GuideEvaluations (FIE)Dyslexia/504Dispute Resolution

Hi, I'm a Texas parent of a 2e child. When I watched the school system fail her, I realized how broken the process is. I built this resource to help parents like you get the support your child deserves. You are not alone.

⚡ Quick Answer

How long does Texas have to complete an evaluation?
Once a written evaluation request is received, the district must complete the Full Individual Evaluation (FIE) and hold an ARD meeting within 45 school days. This timeline is strictly enforced by the Texas Education Agency (TEA). Verbal requests do not start the clock — always submit in writing and keep a copy.

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Requesting a Special Education Evaluation in Comal ISD

Navigating the special education process can be overwhelming for parents. This guide aims to provide a clear understanding of how to request a special education evaluation for your child within Comal Independent School District (CISD) in Texas. It outlines the steps involved, legal timelines, evaluation requirements, and what to do if your request is denied. It is crucial to remember that as parents, you are your child's strongest advocate. Understanding your rights and the school's obligations under the Individuals with Disabilities Education Act (IDEA) and Texas state law is essential.

How to Submit a Written Request

The process begins with a formal, written request for a Full and Individual Evaluation (FIE). This is a critical first step, as it officially triggers the timelines and obligations of the school district. A verbal request, while it might be acknowledged, does not carry the same legal weight. Your written request should be addressed to the appropriate school personnel. Typically, this would be the school principal, the school counselor, or the special education director for the campus. If you're unsure who to address it to, contacting the school's main office and asking is the best approach. Keep a copy of your letter for your records. Certified mail with return receipt requested is highly recommended to provide proof that the school district received your request. The letter itself should be clear and concise. It should explicitly state that you are requesting a Full and Individual Evaluation (FIE) for your child, [Child's Full Name], student ID [Student ID number], born on [Date of Birth], and currently enrolled in [Grade Level] at [School Name]. Clearly articulate your concerns about your child's academic, behavioral, or developmental progress. Provide specific examples of challenges your child is experiencing. This could include difficulties with reading, writing, math, attention, social skills, or any other area where you suspect a disability might be impacting their educational performance. Avoid generalizations and focus on observable behaviors and specific instances. For example, instead of saying "My child is struggling in math," you could say, "My child consistently scores below 70% on math tests, struggles with word problems, and has difficulty understanding basic concepts like fractions and decimals, despite extra help at home." Or instead of saying "My child is disruptive," you could say "My child gets out of their seat frequently, talks out of turn, and has difficulty following instructions, resulting in frequent referrals to the office." Include any relevant documentation that supports your concerns. This could include previous report cards, teacher communications, notes from doctors or therapists, and any other records that provide insight into your child's struggles. The more information you provide, the better the evaluation team can understand your concerns and tailor the evaluation accordingly. It's helpful to briefly mention that you are making this request under the Individuals with Disabilities Education Act (IDEA) and state special education laws, specifically referencing the "Child Find" obligation (discussed later). This signals that you are aware of your rights and the school's responsibilities. A sample request letter might look something like this: [Your Name] [Your Address] [Your Phone Number] [Your Email Address] [Date] [Principal's Name/School Counselor's Name/Special Education Director's Name] [School Name] [School Address] Subject: Request for Full and Individual Evaluation (FIE) for [Child's Full Name] Dear [Principal's Name/School Counselor's Name/Special Education Director's Name], I am writing to formally request a Full and Individual Evaluation (FIE) for my child, [Child's Full Name], Student ID [Student ID number], born on [Date of Birth], and currently enrolled in [Grade Level] at [School Name]. I have concerns about [Child's Name]'s [Academic/Behavioral/Developmental] progress. Specifically, [Child's Name] is struggling with [List Specific Challenges and Examples]. For example, [Provide Detailed Example 1]. Additionally, [Provide Detailed Example 2]. [Child's Name] also [Provide Detailed Example 3]. I have attached [Report cards/Teacher communication/Doctor's notes] to this letter for your review. I am requesting this evaluation under the Individuals with Disabilities Education Act (IDEA) and Texas state special education laws, including the Child Find obligation, because I believe [Child's Name]'s difficulties may be due to a disability that is impacting their ability to access the general education curriculum. Thank you for your time and consideration. I look forward to discussing this further with you and the evaluation team. Sincerely, [Your Signature] [Your Typed Name]

The 45 School Day Timeline

Upon receiving your written request, CISD is legally obligated to adhere to a strict timeline outlined by Texas Education Agency (TEA) regulations and IDEA. The district has 15 school days to convene an ARD (Admission, Review, and Dismissal) committee meeting to determine whether to conduct an evaluation. School days do not include weekends, holidays, or school breaks. At this initial ARD meeting, the committee, which includes you as the parent, will review the information you provided in your request and any other relevant data. They will discuss your concerns and determine if there is reason to suspect that your child has a disability that requires special education services. You have the right to present your case, ask questions, and participate fully in the discussion. If the ARD committee decides to evaluate, they must obtain your written consent for the evaluation to proceed. You have the right to refuse consent. However, refusing consent at this stage will prevent the school from conducting the evaluation and potentially providing your child with needed special education services. Once you provide written consent, the district has 45 school days to complete the Full and Individual Evaluation (FIE) and hold another ARD committee meeting to discuss the results. This 45-day timeline is a legal requirement, and the district must make every effort to adhere to it. If there are extenuating circumstances that prevent the completion of the evaluation within the 45-day timeframe, the ARD committee must meet and agree to an extension. You, as the parent, must agree to this extension. The 45-day timeline is often a source of frustration for parents. It's important to track the days carefully and communicate with the school if you have concerns about the timeline. Document all communication with the school regarding the evaluation process, including dates, times, and the content of conversations. This documentation can be invaluable if any disputes arise.

What the FIE Must Cover

The Full and Individual Evaluation (FIE) is a comprehensive assessment designed to determine if your child has a disability and, if so, the nature and extent of their educational needs. The FIE must be individualized to your child's specific needs and concerns. It should not be a cookie-cutter approach. The FIE should include a variety of assessment methods, including: * **Review of existing data:** This includes your child's educational records, medical history, and any previous evaluations or assessments. * **Observations:** Evaluators should observe your child in their classroom and other relevant settings to assess their behavior, learning style, and interactions with peers and teachers. * **Parent input:** Your input is crucial to the evaluation process. The evaluators should actively solicit your concerns, observations, and insights into your child's strengths and weaknesses. * **Teacher input:** Teachers provide valuable information about your child's academic performance, classroom behavior, and response to interventions. * **Individual assessments:** These are standardized tests and other assessment tools designed to measure your child's cognitive abilities, academic skills, communication skills, social-emotional development, and other relevant areas. The specific areas assessed in the FIE will depend on your child's individual needs and the concerns raised in your initial request. However, common areas of assessment include: * **Cognitive abilities:** Assessing intellectual functioning and potential learning disabilities. * **Academic achievement:** Evaluating reading, writing, math, and other academic skills. * **Communication skills:** Assessing speech, language, and communication abilities. * **Social-emotional development:** Evaluating social skills, emotional regulation, and mental health. * **Adaptive behavior:** Assessing daily living skills, such as self-care, hygiene, and social skills. * **Motor skills:** Evaluating gross motor and fine motor skills. * **Sensory processing:** Assessing how your child processes sensory information. The FIE must be conducted by qualified professionals who are trained and certified to administer the specific assessments used. This may include educational diagnosticians, school psychologists, speech-language pathologists, occupational therapists, and other specialists. The FIE should be culturally and linguistically appropriate for your child. If your child's primary language is not English, the evaluation must be conducted in their native language or using appropriate interpreters. The FIE report must be comprehensive and clearly written. It should summarize the assessment results, provide a diagnosis if applicable, and make recommendations for appropriate special education services and supports. You have the right to receive a copy of the FIE report and to have it explained to you in a way that you understand.

Child Find Obligations

The "Child Find" mandate is a critical component of IDEA and Texas state special education law. It places an affirmative obligation on school districts to actively identify, locate, and evaluate all children within their jurisdiction who may have a disability and are in need of special education services. This obligation applies regardless of whether the child is enrolled in public school, private school, or is homeschooled. Child Find is not just a passive process of waiting for parents to request evaluations. School districts are required to implement proactive measures to identify children who may be eligible for special education. This includes: * **Screening programs:** Conducting screenings of all students to identify those who may be at risk for learning or developmental difficulties. * **Teacher training:** Providing training to teachers on how to recognize the signs of a disability and how to refer students for evaluation. * **Community outreach:** Reaching out to community organizations and healthcare providers to identify children who may be eligible for special education services. * **Review of student data:** Analyzing student data, such as grades, attendance records, and disciplinary referrals, to identify students who may be struggling. If the district has reason to suspect that a child has a disability, they are required to conduct a Full and Individual Evaluation (FIE), even if the parents have not specifically requested one. This means that if your child is consistently struggling in school, exhibiting significant behavioral problems, or displaying developmental delays, the school has a responsibility to investigate whether a disability may be contributing to these difficulties. The Child Find obligation is particularly important for children who are often overlooked, such as those who are quiet or withdrawn, those who are gifted and talented but also have a learning disability, or those who come from culturally or linguistically diverse backgrounds. As parents, you can play a vital role in Child Find by communicating your concerns to the school and advocating for your child's needs. If you believe that your child may have a disability, even if the school has not raised any concerns, you have the right to request an evaluation.

What If They Refuse

If CISD refuses your written request for a special education evaluation, they must provide you with written notice of their refusal. This notice must explain the reasons for the refusal and provide you with information about your rights and options. The reasons for refusing an evaluation must be based on sound educational practices and not simply on budgetary constraints or administrative convenience. Common (but often inappropriate) reasons for refusal include: * **"The child is passing."** Passing grades do not necessarily indicate that a child is not struggling or that they do not have a disability. A child may be working exceptionally hard to maintain passing grades, or they may be using coping mechanisms that mask their underlying difficulties. * **"The child is just lazy."** This is a subjective judgment that is not supported by data. It is important to investigate the underlying reasons for a child's lack of motivation or engagement. * **"The child needs more time to adjust."** While it is true that some children need time to adjust to a new school or grade level, this should not be used as a blanket excuse to deny an evaluation if there are legitimate concerns about a disability. * **"The child is already receiving interventions."** While interventions are an important part of the Response to Intervention (RTI) process, they should not be used as a substitute for a comprehensive evaluation if there is reason to suspect that a disability may be present. If you disagree with the school's refusal to evaluate, you have several options: * **Request mediation:** Mediation is a process in which a neutral third party helps you and the school district to reach a mutually agreeable resolution. * **File a complaint with the Texas Education Agency (TEA):** You can file a formal complaint with TEA if you believe that the school district has violated IDEA or state special education laws. * **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 eligibility for special education services. Before pursuing these formal options, it is often helpful to meet with the school administration and try to resolve the issue informally. You can request to meet with the principal, special education director, or other relevant personnel to discuss your concerns and present your case for an evaluation. It may be helpful to bring an advocate or attorney with you to these meetings. Document everything, including the date, time, and participants of all meetings, as well as the substance of the discussions. Keep copies of all correspondence with the school district. This documentation will be essential if you need to pursue formal legal remedies.

After the Evaluation

Once the Full and Individual Evaluation (FIE) is complete, the ARD committee must meet again to discuss the results. This meeting is crucial, as the ARD committee will determine whether your child is eligible for special education services. If the ARD committee determines that your child has a disability that adversely affects their educational performance and requires special education services, they 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 that the school district will provide to help them achieve those goals. The IEP should include: * **Present levels of academic achievement and functional performance:** A description of your child's current strengths and weaknesses in all relevant areas. * **Measurable annual goals:** Specific, measurable, achievable, relevant, and time-bound (SMART) goals that your child is expected to achieve within one year. * **Special education and related services:** A description of the special education and related services that your child will receive, such as specialized instruction, speech therapy, occupational therapy, counseling, or transportation. * **Accommodations and modifications:** A list of the accommodations and modifications that will be provided to help your child access the general education curriculum. * **Participation in state and district-wide assessments:** A description of how your child will participate in state and district-wide assessments, and any necessary accommodations. * **Transition planning:** Beginning at age 16, the IEP must include transition planning to help your child prepare for life after high school, including post-secondary education, employment, and independent living. You, as the parent, are a vital member of the ARD committee and have the right to participate fully in the IEP development process. You have the right to ask questions, express your concerns, and make suggestions for your child's IEP. The IEP must be developed collaboratively by the ARD committee, and you must agree to the IEP before it is implemented. If you disagree with the IEP, you have the right to pursue dispute resolution options, such as mediation or a due process hearing. It is important to remember that the IEP is not a static document. It should be reviewed and revised at least annually, or more frequently if necessary, to ensure that it continues to meet your child's changing needs. Even after an initial denial of services, keep advocating. Re-evaluate regularly as new challenges appear or older strategies lose efficacy. A child's needs are not static, and neither should their support be. Continuously work with the school for the best outcome for your student.

Frequently Asked Questions

Answers every parent in Texas needs to know.

How do I request a special education evaluation in Texas? +

Submit a written request directly to the school's principal or special education director. The written request starts the mandatory 45 school-day clock. Keep a dated copy for your records.

What is a Full Individual Evaluation (FIE) in Texas? +

A Full Individual Evaluation (FIE) is a comprehensive assessment the school must complete to determine if your child has a disability and needs special education services. It must cover all areas of suspected disability and be completed within 45 school days of your written consent.

Can a Texas school refuse to evaluate my child? +

Yes, but only if the district provides written notice (Prior Written Notice) explaining why they are refusing and what data they relied on. You have the right to challenge that refusal through mediation or a due process hearing.

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