Requesting an Evaluation in Conroe ISD

Requesting a Special Education Evaluation in Conroe ISD

This guide provides information about requesting a special education evaluation for your child within Conroe Independent School District (CISD) in Texas. It outlines the process, your rights, and key considerations based on Texas law, specifically the Individuals with Disabilities Education Act (IDEA) as implemented in Texas Education Code (TEC) Chapter 29 and the Texas Administrative Code (TAC) Title 19, Part II, Chapter 89.

If you believe your child may have a disability that is affecting their ability to learn in the general education environment, you have the right to request a full and individual initial evaluation to determine if they are eligible for special education services. This guide aims to help you navigate that process.

How to Submit a Written Request

The first, and arguably most critical, step is submitting a written request for a special education evaluation to Conroe ISD. This request should be clear, concise, and addressed appropriately. A verbal request, while potentially acknowledged, does not formally trigger the legal timelines and obligations that a written request does.

Who to Address the Request To: Ideally, the written request should be directed to the school principal. You can also copy (cc) the school's special education director or a designated special education contact person at the campus level. This ensures the request reaches the appropriate individuals responsible for initiating the evaluation process.

Content of the Request: The written request must clearly state that you are requesting a full and individual initial evaluation for special education services. Avoid vague language like "my child is struggling." Be specific. Include the following:

• Child's Full Name and Date of Birth: Essential for identification purposes.
• Child's School and Grade Level: Necessary for locating your child's records and educational team.
• Your Name, Address, Phone Number, and Email Address: To facilitate communication.
• A Statement Clearly Requesting an Evaluation: For example, "I am writing to request a full and individual initial evaluation for my child, [Child's Name], to determine eligibility for special education services."
• Specific Concerns About Your Child's Academic, Behavioral, or Developmental Progress: Provide concrete examples of what you are observing that leads you to believe your child may have a disability. Include information about areas where your child struggles (e.g., reading comprehension, math fluency, following directions, social interactions). Reference any interventions or supports the school has already tried, and the results of those interventions.
• Any Supporting Documentation (If Available): Include copies of report cards, standardized test scores, medical reports, previous evaluations (if any), or any other documents that support your concerns.
• A Request for a Copy of the Procedural Safeguards: These safeguards outline your rights and responsibilities under IDEA. CISD is required to provide you with these.

Sample Language for the Request:

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

Dear Principal [Principal's Name],

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

I am concerned about [Child's Name]'s progress in [Specific Subject Area(s)]. For example, [Child's Name] struggles with [Specific Difficulty 1, e.g., reading fluency] and [Specific Difficulty 2, e.g., completing math problems independently]. [He/She] also exhibits [Specific Behavioral Concerns, e.g., difficulty staying focused in class, frequent outbursts]. The school has previously tried [Intervention 1, e.g., small group reading instruction] and [Intervention 2, e.g., behavior chart], but these have had limited success, as evidenced by [Specific Data, e.g., consistently failing reading quizzes, receiving daily behavior reports].

I believe these difficulties may indicate a disability that requires special education services. I have attached copies of [Supporting Documents, e.g., recent report card, doctor's note] for your review.

Please provide me with a copy of the Procedural Safeguards as required by IDEA.

Thank you for your time and attention to this matter. I look forward to hearing from you soon to discuss the next steps in this process.

Sincerely,

[Your Name]

[Your Address]

[Your Phone Number]

[Your Email Address]

Submitting the Request: Send the written request via certified mail with return receipt requested. This provides you with proof that the school received your request and the date of receipt. Keep a copy of the request and the certified mail receipt for your records.

The 45 School Day Timeline

Upon receiving your written request for an evaluation, Conroe ISD has a maximum of 45 school days (not calendar days) to complete the evaluation and determine if your child is eligible for special education services. This timeline is strictly enforced under Texas law (TEC § 29.004(a)).

Key Points About the 45 School Day Timeline:

• Begins Upon Receipt: The 45-school-day clock starts the day the school receives your written request, not the date you mailed it. The certified mail receipt is crucial for verifying the date of receipt.
• School Days Only: Weekends, holidays, and school breaks (e.g., summer vacation, Thanksgiving break) are not counted towards the 45-day timeline.
• Initial ARD Meeting: Within the 45-day timeline, the school must conduct a Full and Individual Evaluation (FIE) and convene an Admission, Review, and Dismissal (ARD) committee meeting to discuss the evaluation results and determine eligibility for special education services.
• If the 45 days fall during the summer: TEC § 29.004(d) allows the ARD committee to extend the 45-day timeline by up to 30 school days if the initial evaluation is conducted less than 35 school days before the last day of the school year. In this case, the ARD committee must convene to determine eligibility no later than the 15th school day of the following school year.

What to Expect During the Timeline:

• Notice and Consent: Within a reasonable timeframe after receiving your request, the school must provide you with a Prior Written Notice (PWN) and obtain your written consent to conduct the evaluation. The PWN will outline the proposed evaluation procedures, the reasons for the evaluation, and your rights. Do not sign the consent form unless you fully understand what the evaluation will entail.
• Evaluation Process: The school will conduct the FIE, which may include a variety of assessments, observations, and interviews.
• Communication: The school should keep you informed of the progress of the evaluation and any scheduling conflicts.
• ARD Meeting: You will be invited to attend the ARD committee meeting to discuss the evaluation results and determine eligibility for special education services.

Document Everything: Keep detailed records of all communication with the school, including dates, times, and summaries of conversations. This documentation will be essential 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, to identify their educational needs. The FIE must be conducted by qualified professionals and must address all areas of suspected disability. Texas law (TAC § 89.1040) specifies what the FIE must include.

Key Components of the FIE:

• Comprehensive Assessment: The FIE must assess all areas related to the suspected disability, including (but not limited to):
  • Academic Achievement: Assessing reading, writing, math, and other academic skills.
  • Cognitive Abilities: Evaluating intellectual functioning and learning potential.
  • Communication Skills: Assessing expressive and receptive language abilities.
  • Motor Skills: Evaluating gross and fine motor skills.
  • Social-Emotional Functioning: Assessing social skills, emotional regulation, and behavioral patterns.
  • Adaptive Behavior: Evaluating daily living skills, such as self-care, communication, and social skills.
  • Health and Medical Information: Reviewing relevant medical history and reports.
• Multiple Sources of Information: The FIE must gather information from multiple sources, including:
  • Parent Input: Your insights and observations about your child's strengths, weaknesses, and learning needs.
  • Teacher Input: The teacher's observations and assessments of your child's classroom performance.
  • Classroom Observations: Direct observation of your child in the classroom setting.
  • Standardized Assessments: Administering standardized tests to measure specific skills and abilities.
  • Review of Records: Examining your child's school records, including report cards, attendance records, and previous evaluations.
• Non-Discriminatory Assessment: The evaluation must be conducted in your child's native language or mode of communication and must be free from cultural and linguistic bias.
• Qualified Professionals: The evaluation must be conducted by qualified professionals who are trained and experienced in assessing children with disabilities. This may include educational diagnosticians, speech-language pathologists, psychologists, and other specialists.
• Clear and Understandable Report: The FIE report must be written in clear and understandable language and must summarize the evaluation findings, including the strengths and weaknesses of your child, the impact of the suspected disability on their educational performance, and recommendations for appropriate educational services.

Parent Rights Regarding the FIE:

• Independent Educational Evaluation (IEE): If you disagree with the results of the school's evaluation, you have the right to obtain an Independent Educational Evaluation (IEE) at public expense (i.e., paid for by the school district) if you can demonstrate that the school's evaluation was inappropriate. You must request the IEE in writing.
• Review and Discuss: You have the right to review the FIE report and discuss the findings with the evaluation team.
• Participate in the ARD Meeting: You have the right to actively participate in the ARD committee meeting to discuss the evaluation results and make decisions about your child's eligibility for special education services.

Child Find Obligations

Under IDEA and Texas law, Conroe ISD has a "Child Find" obligation (TEC § 29.001). This means the district has a proactive responsibility to identify, locate, and evaluate all children with disabilities residing within its boundaries, regardless of whether they are enrolled in public school. This includes children who are suspected of having a disability but are not yet receiving special education services.

What This Means for Parents:

• You Don't Have to Wait for the School to Initiate: You don't have to wait for the school to notice your child's difficulties. If you have concerns about your child's development or academic progress, you have the right to request an evaluation, regardless of whether the school has expressed similar concerns.
• Early Intervention: Child Find applies to children from birth through age 21. Early identification and intervention are crucial for maximizing a child's potential. If you have concerns about your infant or toddler's development, contact CISD's special education department or the state's Early Childhood Intervention (ECI) program.
• Private School and Homeschool Students: The Child Find obligation extends to children attending private schools and those who are homeschooled within the district. While the district is not required to provide special education services to private or homeschool students, they are required to evaluate them if a disability is suspected.

How to Exercise Your Child Find Rights:

• Communicate Your Concerns: Express your concerns to your child's teacher, school principal, or special education contact person.
• Submit a Written Request: If you believe your child may have a disability, submit a written request for an evaluation as described earlier in this guide.
• Follow Up: If you don't receive a timely response to your request, follow up with the school to ensure your request is being processed.

What If They Refuse

Conroe ISD cannot simply refuse to evaluate your child if you have submitted a written request and have articulated concerns that suggest a possible disability. However, they *can* refuse if they believe the evaluation is not warranted. If CISD refuses your request for an evaluation, they must provide you with Prior Written Notice (PWN) explaining the reasons for the refusal (TAC § 89.1011(a)).

Your Options if the School Refuses:

• Request Mediation: Mediation is a voluntary process where you and the school district meet with a trained mediator to try to resolve the dispute. The Texas Education Agency (TEA) offers mediation services at no cost to parents.
• File a State Complaint: You can file a formal complaint with the Texas Education Agency (TEA) if you believe the school district has violated IDEA or Texas special education laws. The complaint must be filed within one year of the alleged violation.
• 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 your child's special education needs. You have the right to be represented by an attorney at a due process hearing. This is a more adversarial process and often requires legal representation.
• Request an Independent Educational Evaluation (IEE): You have the right to obtain an Independent Educational Evaluation (IEE) at public expense if you disagree with the school's decision to refuse an evaluation. You must demonstrate that the school's refusal was inappropriate.

Important Considerations:

• Document Everything: Keep meticulous records of all communication with the school, including dates, times, summaries of conversations, and copies of all documents.
• Seek Legal Advice: If you are facing significant challenges in obtaining an evaluation or if the school district is not cooperating, consider seeking legal advice from an attorney specializing in special education law.

After the Evaluation

Once the Full and Individual Evaluation (FIE) is complete, Conroe ISD will schedule an Admission, Review, and Dismissal (ARD) committee meeting (TAC § 89.1050). You, as the parent, are a critical member of the ARD committee. The purpose of the ARD meeting is to review the evaluation results, determine if your child meets the eligibility criteria for special education services, and, if eligible, develop an Individualized Education Program (IEP).

Key Aspects of the ARD Meeting:

• ARD Committee Membership: The ARD committee must include you (the parent), a representative of the school district (usually an administrator or special education administrator), your child's teacher(s), an evaluation personnel, and any other individuals you or the school district deem necessary. Your child should be invited to attend the ARD meeting if appropriate.
• Eligibility Determination: The ARD committee will review the FIE results and determine if your child has a disability that adversely affects their educational performance and requires special education services. Under Texas law, students can qualify under various disability categories, including but not limited to: Autism, Emotional Disturbance, Intellectual Disability, Learning Disability, Speech Impairment, and Other Health Impairment.
• Developing the IEP: If your child is found eligible for special education services, the ARD committee will develop an Individualized Education Program (IEP). The IEP is a legally binding document that outlines your child's educational goals, the special education services they will receive, and the accommodations and modifications they will need to succeed in the general education environment.
• Key Components of the IEP:
  • Present Levels of Academic Achievement and Functional Performance (PLAAFP): This section describes your child's current academic and functional performance, including their strengths, weaknesses, and areas where they need support.
  • Measurable Annual Goals: These are specific, measurable, achievable, relevant, and time-bound goals that your child is expected to achieve within one year.
  • Special Education Services: This section lists the specific special education services your child will receive, such as specialized instruction, speech therapy, occupational therapy, or counseling.
  • Related Services: This section lists any related services your child will receive, such as transportation, assistive technology, or parent training.
  • Accommodations and Modifications: This section describes the accommodations and modifications your child will need to access the general education curriculum, such as extended time on tests, preferential seating, or modified assignments.
  • Placement: This section describes the educational setting where your child will receive their special education services. The law requires that students with disabilities be educated in the Least Restrictive Environment (LRE), which means they should be educated with their non-disabled peers to the maximum extent appropriate.
• Parental Consent: You must provide written consent to the IEP before it can be implemented. You have the right to disagree with any part of the IEP and request changes.
• Annual Review: The ARD committee must meet at least once a year to review and revise the IEP.

Important Tips for the ARD Meeting:

• Prepare in Advance: Review the evaluation reports, your child's school records, and your own notes before the ARD meeting.
• Bring a Friend or Advocate: Having a friend, family member, or advocate with you at the ARD meeting can provide support and help you remember important details.
• Ask Questions: Don't hesitate to ask questions if you don't understand something.
• Be an Active Participant: Share your insights and observations about your child's needs and goals.
• Document Everything: Keep detailed notes of the ARD meeting, including the date, time, attendees, and decisions made.

This guide is intended to provide general information and should not be considered legal advice. If you have specific questions or concerns about your child's special education needs, consult with an attorney specializing in special education law or a qualified advocate.