Requesting an Evaluation in Cypress-Fairbanks ISD

Requesting a Special Education Evaluation in Cypress-Fairbanks ISD

Navigating the special education process can be daunting, especially when you believe your child needs additional support in school. This guide outlines the steps for requesting a special education evaluation within the Cypress-Fairbanks Independent School District (CFISD) in Texas, emphasizing your rights and the school's obligations under state and federal law. Remember, Texas operates under the Individuals with Disabilities Education Act (IDEA) and state regulations that ensure children with disabilities receive a Free Appropriate Public Education (FAPE).

How to Submit a Written Request

The most crucial step in initiating the special education evaluation process is submitting a formal, written request. A verbal request is not sufficient to trigger the legal timelines and obligations required by law. This written request serves as official documentation of your concern and starts the clock on the district's response.

Your written request should be clear, concise, and include the following information:

• Date: The date you are writing the letter.
• Your Contact Information: Your full name, address, phone number, and email address. This is essential for the school to contact you.
• Child's Information: Your child's full name, date of birth, grade level, and the name of their school.
• Specific Concerns: Clearly state your concerns about your child's academic, behavioral, or developmental progress. Be as specific as possible, citing examples of difficulties they are experiencing. For instance, instead of saying "My child struggles in reading," you could say "My child struggles with reading comprehension and consistently scores below grade level on reading assessments. They also have difficulty sounding out unfamiliar words." Include any relevant information from teachers, doctors, or other professionals.
• Reason for Request: Explicitly state that you are requesting a full and individual initial evaluation (FIIE) to determine if your child has a disability and requires special education services. You can state something like, "I am writing to formally request a Full and Individual Initial Evaluation (FIIE) to determine if my child is eligible for special education services under the Individuals with Disabilities Education Act (IDEA)."
• Signed Consent: While a signature is not *technically* required at this initial request stage, it is often best practice to sign and date the letter. This further strengthens your intention.
• Delivery Method: Consider sending the request via certified mail with a return receipt requested. This provides proof that the school received your request. Keep a copy of the letter for your records. You can also hand-deliver the letter and request a signed and dated receipt from the school acknowledging its receipt.

Who to Send the Request To: The most appropriate recipient is usually the school principal or the school's special education coordinator (sometimes called an ARD Facilitator). You can also send a copy to your child's teacher for informational purposes.

Example Letter Excerpt:

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

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

Re: Request for Full and Individual Initial Evaluation for [Child's Name]

Dear Principal [Principal's Last Name],

I am writing to formally request a Full and Individual Initial Evaluation (FIIE) for my child, [Child's Name], who is in [Grade Level] at [School Name]. I am concerned about [Child's Name]'s academic progress, specifically in [Area of Concern, e.g., reading, math, writing]. For example, [Child's Name] struggles with [Specific example, e.g., decoding multi-syllable words] and often [Observable behavior, e.g., becomes frustrated and refuses to complete assignments]. [Teacher's Name], [Child's Name]'s [Subject] teacher, has also expressed concern about [Teacher's Concern]. I believe that [Child's Name] may have a disability that is impacting their educational performance, and I request an evaluation to determine eligibility for special education services under the Individuals with Disabilities Education Act (IDEA).

Sincerely,
[Your Signature]
[Your Typed Name]

The 45 School Day Timeline

Upon receiving your written request, CFISD has a legal obligation to adhere to a strict timeline. Texas Education Code (TEC) §29.004(a) stipulates that the school district must complete the initial evaluation and determine eligibility within 45 *school* days of receiving your written consent for evaluation. This is a critical deadline to be aware of and to track.

Key Aspects of the Timeline:

• School Days vs. Calendar Days: The 45-day timeline refers to school days, not calendar days. This means that weekends, holidays, and summer break are not included in the calculation.
• Starts with Consent: The 45-day timeline does *not* begin when you submit your written request. It starts when you provide written consent for the evaluation to proceed. The school must first provide you with an "Assessment Plan" outlining the proposed evaluation areas and obtain your signature indicating your consent. Therefore, promptly respond to any requests for consent forms from the school.
• Eligibility Determination: Within the 45-day period, the school must complete the evaluation, determine whether your child meets the criteria for a disability under IDEA, and, if eligible, convene an Admission, Review, and Dismissal (ARD) committee meeting to develop an Individualized Education Program (IEP).
• Monitoring the Timeline: Keep meticulous records of all communication with the school, including the date you submitted your written request, the date you received the Assessment Plan, and the date you provided your written consent. Regularly communicate with the school to ensure they are adhering to the timeline.
• Timeline Violations: If the school fails to complete the evaluation and determine eligibility within the 45-day timeline, you have the right to file a complaint with the Texas Education Agency (TEA). Document all instances of delay and communication failures to support your complaint.

What the FIE Must Cover

The Full and Individual Initial Evaluation (FIIE) is a comprehensive assessment of your child's strengths and weaknesses. The scope of the evaluation must be broad enough to address all areas of suspected disability. The evaluation team must include qualified professionals who are knowledgeable about your child's specific needs and suspected disability areas.

Required Areas of Evaluation:

• Cognitive Functioning: This assesses your child's intellectual abilities, problem-solving skills, and overall cognitive development. Standardized intelligence tests are often used.
• Academic Achievement: This evaluates your child's performance in academic areas such as reading, writing, and math. It may include standardized achievement tests, curriculum-based assessments, and classroom observations.
• Communication Skills: This assesses your child's expressive and receptive language skills, articulation, fluency, and pragmatic language (social use of language).
• Motor Skills: This evaluates your child's gross motor skills (large muscle movements) and fine motor skills (small muscle movements).
• Adaptive Behavior: This assesses your child's ability to function independently in everyday life, including self-care skills, social skills, and community living skills.
• Social-Emotional Functioning: This evaluates your child's emotional regulation, social interactions, and overall mental health. This might include behavioral observations, parent and teacher questionnaires, and possibly interviews with the child.
• Health: The school nurse often provides information about vision and hearing screening results, medical history, and any other relevant health information.

Related Services: The evaluation should also consider whether your child needs related services, such as speech therapy, occupational therapy, physical therapy, counseling, or transportation, to benefit from special education.

Parental Input: Your input is a crucial part of the evaluation process. The evaluation team must consider information you provide about your child's history, strengths, weaknesses, and needs. Be prepared to share any relevant information, including medical records, previous evaluations, and observations of your child's behavior at home.

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. This means the school district will pay for an independent evaluation conducted by a qualified professional of your choosing. The school district can either agree to pay for the IEE or request a due process hearing to demonstrate that its evaluation was appropriate. If the school district prevails in the due process hearing, you still have the right to obtain an IEE, but you will have to pay for it yourself. However, any IEE, even one you pay for, must be considered by the ARD committee.

Child Find Obligations

Cypress-Fairbanks ISD, like all Texas school districts, has a "Child Find" obligation under IDEA. This means the district has a legal responsibility to actively identify, locate, and evaluate all children with disabilities who reside within its boundaries, regardless of whether they are enrolled in public school. This includes children who are homeschooled, attend private schools, or are suspected of having a disability but have not been formally identified.

What This Means For You:

• Referral Process: If you suspect your child has a disability, you have the right to refer them for an evaluation, even if the school has not expressed any concerns.
• Awareness Campaigns: CFISD should conduct public awareness campaigns to inform parents about the availability of special education services and the referral process.
• Screening Programs: The district may conduct screening programs to identify students who may be at risk for learning disabilities or other developmental delays.
• Confidentiality: The district must maintain the confidentiality of all student records related to special education.

If you believe CFISD is not fulfilling its Child Find obligations, you can file a complaint with the Texas Education Agency (TEA).

What If They Refuse

The school district cannot simply refuse to evaluate your child if you have provided a written request and have articulated specific concerns about their academic, behavioral, or developmental progress. They must either conduct the evaluation or provide you with a written explanation of why they are refusing and inform you of your procedural safeguards.

Reasons for Refusal (and Your Rights):

• Lack of Evidence: The school may argue that there is insufficient evidence to suggest your child has a disability. However, this is often a point of contention, and you can counter this argument by providing documentation from teachers, doctors, or other professionals. You can also point to specific examples of your child's difficulties in school.
• Previous Evaluations: The school may argue that your child has already been evaluated and found not eligible for special education services. However, you can request a new evaluation if you believe there has been a significant change in your child's circumstances or if the previous evaluation was inadequate.
• Lack of Impact: The school may argue that your child's difficulties are not significantly impacting their educational performance. However, even if your child is passing their classes, they may still be eligible for special education services if they are not making adequate progress or if they are expending excessive effort to keep up.

Your Recourse:

• Request a Meeting: Request a meeting with the school principal, special education coordinator, and your child's teacher to discuss your concerns and the reasons for the school's refusal. Try to resolve the issue informally.
• Formal Complaint: If you are unable to resolve the issue informally, you can file a formal complaint with the Texas Education Agency (TEA). TEA will investigate your complaint and determine whether the school district has violated IDEA or state regulations.
• Mediation: Mediation is a voluntary process in which you and the school district meet with a neutral third party to try to reach a mutually agreeable resolution.
• Due Process Hearing: A due process hearing is a formal legal proceeding in which you present evidence to an impartial hearing officer who will make a decision about whether the school district has violated your child's rights under IDEA. This is a more adversarial process than mediation and typically involves legal representation.
• Document Everything: Keep detailed records of all communication with the school, including dates, times, names of individuals involved, and summaries of conversations. This documentation will be crucial if you need to file a complaint or request a due process hearing.

After the Evaluation

After the evaluation is complete, the ARD (Admission, Review, and Dismissal) committee will meet to discuss the results and determine whether your child is eligible for special education services. The ARD committee includes you, the parent(s), school administrators, teachers, and evaluation staff. The ARD committee reviews all the evaluation data to determine if a disability is present and if that disability adversely impacts the student's educational performance.

Key Outcomes of the ARD Meeting:

• Eligibility Determination: The ARD committee will determine whether your child meets the criteria for a disability under IDEA. The eligibility categories include specific learning disability, autism, emotional disturbance, intellectual disability, speech or language impairment, and others.
• IEP Development: 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 services they will receive, and the accommodations and modifications they need to succeed in school.
• Placement: The ARD committee will determine the most appropriate educational placement for your child. This may include placement in a general education classroom with support services, a resource room, or a self-contained special education classroom. The law mandates that students with disabilities be educated in the Least Restrictive Environment (LRE).

Parental Rights and Responsibilities:

• Active Participation: You are a critical member of the ARD committee and have the right to actively participate in all decisions about your child's education.
• Informed Consent: You must provide informed consent before the school can implement your child's IEP.
• Review and Revision: The IEP must be reviewed and revised at least annually, or more frequently if needed.
• Disagreement: If you disagree with any aspect of the IEP, you have the right to pursue dispute resolution options, such as mediation or a due process hearing.

Ongoing Monitoring and Support: Even after the IEP is in place, it's important to monitor your child's progress and communicate regularly with their teachers and other service providers. If you have concerns about your child's progress, don't hesitate to request a meeting with the ARD committee to discuss your concerns and make any necessary adjustments to the IEP.

Navigating the special education process can be complex, but by understanding your rights and responsibilities, you can advocate effectively for your child and ensure they receive the supports they need to succeed in school.