Requesting an Evaluation in Dallas ISD

Requesting a Special Education Evaluation in Dallas ISD

Navigating the special education system can feel overwhelming, especially when you're concerned about your child's learning. This guide provides a clear, step-by-step process for requesting a special education evaluation for your child within the Dallas Independent School District (Dallas ISD), ensuring you understand your rights and the district's obligations under Texas law. This guide outlines the process for requesting an evaluation, understanding the timeline, knowing what the evaluation should cover, knowing your rights in case Dallas ISD delays the evaluation, and navigating the aftermath of the evaluation.

How to Submit a Written Request

The first step in initiating the special education evaluation process is to submit a written request to Dallas ISD. While a verbal request might seem easier, a written request creates a formal record and ensures that the district is legally obligated to respond. Your request should be clear, concise, and include specific information about your child and your concerns.

Who to Send the Request To: The best person to send your request to is typically your child's principal or the school's Special Education Director. Sending a copy to both is a good practice to ensure it reaches the appropriate personnel promptly. If you're unsure who the Special Education Director is, contact the school's main office for assistance.

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

• Your child's full name and date of birth.
• Your child's current grade level and teacher's name.
• Your child's school.
• Your contact information (phone number and email address).
• A clear statement that you are requesting a full and individual initial evaluation for special education services under the Individuals with Disabilities Education Act (IDEA) and Texas law (specifically referencing the Texas Education Code, Chapter 29, Subchapter A).
• A detailed explanation of your concerns about your child's academic, behavioral, or developmental progress. Be specific and provide examples. Mention any specific difficulties your child is experiencing in the classroom, at home, or in social situations.
• Any information about your child's medical history, previous evaluations, or interventions that you believe are relevant. Include copies of relevant reports or documents if possible.
• If possible, include observations about your child's learning style or potential areas where you believe they might need support.

Example Request Letter:

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

[Date]

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

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

Dear [Principal's Name],

I am writing to request a full and individual initial evaluation for special education services for my child, [Child's Name], date of birth [Child's Date of Birth]. [He/She] is currently in [Grade Level] at [School Name] in [Teacher's Name]'s class. I am making this request under the Individuals with Disabilities Education Act (IDEA) and Texas Education Code, Chapter 29, Subchapter A.

I am concerned about [Child's Name]'s academic progress in [Specific Subject(s)]. For example, [He/She] struggles with [Specific Skill] and is unable to [Specific Task]. [He/She] also experiences difficulties with [Behavioral/Social Concerns, if applicable]. I have observed that [He/She] [Specific Observation about learning style or difficulties].

[Child's Name] has [Mention any relevant medical history, previous evaluations, or interventions]. I am attaching copies of [Mention any attached documents].

I believe that a full evaluation is necessary to determine if [Child's Name] has a disability that is impacting [his/her] ability to learn and to determine what supports and services [he/she] may need to be successful in school. Thank you for your time and consideration. I look forward to hearing from you soon regarding the next steps in this process.

Sincerely,
[Your Name]

Submitting the Request: Keep a copy of the request for your records. Send the request via certified mail with return receipt requested to ensure you have proof that the school received it. You can also deliver it in person and request a signed and dated copy as proof of receipt.

The 45 School Day Timeline

Texas law, specifically the Texas Education Code § 29.004, sets a strict timeline for the special education evaluation process. Once Dallas ISD receives your written request for an evaluation, they have a maximum of 45 school days to complete the following steps:

• Obtain your consent to evaluate. Dallas ISD must provide you with a written notice and procedural safeguards explaining your rights and the proposed evaluation plan. You must provide written consent before the evaluation can begin.
• Conduct the full and individual initial evaluation (FIE). This includes administering the necessary assessments and gathering information from various sources, such as teachers, parents, and other professionals.
• Hold an Admission, Review, and Dismissal (ARD) committee meeting to review the evaluation results and determine if your child is eligible for special education services.

Understanding School Days: It's crucial to remember that the 45-day timeline refers to school days, not calendar days. This means weekends, holidays, and school breaks are not included in the calculation. Keep a calendar and carefully track the days to ensure Dallas ISD adheres to the timeline.

If Dallas ISD Doesn't Meet the Timeline: If Dallas ISD fails to complete the evaluation process within the 45-school day timeframe, you have the right to take action. This is discussed in the "What If They Refuse" section.

What the FIE Must Cover

The Full and Individual Initial Evaluation (FIE) is a comprehensive assessment conducted by qualified professionals to determine if your child has a disability that adversely affects their educational performance and if they require special education services. The FIE must be tailored to your child's specific needs and should cover all areas of suspected disability. The goal is to gather enough information to make informed decisions about your child's eligibility for special education and the development of an Individualized Education Program (IEP) if they are found eligible.

Areas the FIE Should Address: The specific areas covered in the FIE will depend on your child's individual needs and the concerns you raised in your request. However, a comprehensive FIE should generally include assessments in the following areas:

• Cognitive Abilities: Assess your child's intellectual functioning, problem-solving skills, and ability to learn. This often involves standardized intelligence tests, such as the Wechsler Intelligence Scale for Children (WISC).
• Academic Achievement: Evaluate your child's skills in reading, writing, math, and other academic areas. This may involve standardized achievement tests, curriculum-based assessments, and teacher observations.
• Communication Skills: Assess your child's receptive and expressive language skills, including vocabulary, grammar, articulation, and social communication. This may involve speech-language assessments.
• Motor Skills: Evaluate your child's gross motor skills (e.g., running, jumping) and fine motor skills (e.g., writing, buttoning). This may involve occupational therapy assessments.
• Social-Emotional Functioning: Assess your child's social skills, emotional regulation, and behavior. This may involve observations, interviews, and standardized behavior rating scales.
• Adaptive Behavior: Evaluate your child's ability to function independently in daily life, including self-care skills, social skills, and community living skills. This may involve adaptive behavior scales.
• Medical History: Review your child's medical records and consider any medical conditions that may be impacting their educational performance.
• Vision and Hearing: Screenings should be conducted to rule out vision or hearing impairments as contributing factors to learning difficulties. A more in-depth evaluation may be warranted if concerns are identified.

Parent Input: Your input is crucial to the FIE process. The evaluators should actively seek your perspective on your child's strengths, weaknesses, and needs. Be prepared to share your observations and concerns with the evaluation team. Your parental input is not just considered, but required in Texas under the IDEA.

Independent Educational Evaluation (IEE): You have the right to request an Independent Educational Evaluation (IEE) if you disagree with the results of the Dallas ISD evaluation. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. Dallas ISD may pay for the IEE, or you may have to pay for it yourself. If Dallas ISD chooses not to pay for it, they must demonstrate that their evaluation was appropriate. You always have the right to obtain an IEE at your own expense.

Child Find Obligations

The "Child Find" mandate is a critical component of the Individuals with Disabilities Education Act (IDEA). It requires all school districts, including Dallas ISD, to actively identify, locate, and evaluate all children with disabilities residing within their jurisdiction, regardless of whether they are enrolled in public schools. This obligation applies to children from birth to age 21. The purpose of Child Find is to ensure that all children with disabilities have access to a free appropriate public education (FAPE).

Dallas ISD's Responsibilities: Dallas ISD has a legal responsibility to:

• Implement procedures to identify children with disabilities who may be in need of special education and related services. This includes children who are homeless, wards of the state, or attending private schools.
• Conduct public awareness activities to inform parents and the community about the availability of special education services.
• Respond promptly to referrals or requests for evaluations.
• Provide evaluations at no cost to parents.

What This Means for You: If you suspect that your child has a disability, regardless of whether they are enrolled in public school or not, you have the right to contact Dallas ISD and request an evaluation. Dallas ISD cannot ignore your concerns or delay the evaluation process. If you believe that Dallas ISD is failing to meet its Child Find obligations, you have the right to file a complaint with the Texas Education Agency (TEA).

What If They Refuse

Dallas ISD may refuse to conduct an evaluation for various reasons. They might argue that your child's difficulties are not significant enough to warrant an evaluation, or that they lack sufficient evidence to suspect a disability. However, remember that you have rights, and Dallas ISD must follow specific procedures if they deny your request.

Required Actions from Dallas ISD: If Dallas ISD refuses to evaluate your child, they are required to provide you with:

• Prior Written Notice (PWN): This is a written explanation of the district's decision not to evaluate, the reasons for the refusal, the information they used to make the decision, and a description of other options considered. It must also include a statement of your parental rights, including how to disagree with the decision.
• Procedural Safeguards: A document outlining your rights under IDEA, including the right to dispute the district's decision.

Your Options If They Refuse: If you disagree with Dallas ISD's decision, you have several options:

• Request Mediation: Mediation is a voluntary process in which a neutral third party helps you and Dallas ISD reach an agreement. The Texas Education Agency (TEA) offers free mediation services.
• File a State Complaint: You can file a formal complaint with the TEA alleging that Dallas ISD violated IDEA. The TEA will investigate your complaint and issue a written decision.
• 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. This is a more formal and adversarial process than mediation, and it is advisable to seek legal representation. You must file for due process within two years of the date the school district knew or should have known about the alleged action that forms the basis of the complaint.
• Obtain an Independent Educational Evaluation (IEE): As mentioned earlier, you have the right to obtain an IEE at your own expense, even if Dallas ISD refuses to pay for it. The results of the IEE can be used to support your case.

Document Everything: Keep detailed records of all communication with Dallas ISD, including dates, times, and the names of individuals you spoke with. Save copies of all documents related to your child's education, including your request for evaluation, the district's response, and any other relevant information. This documentation will be crucial if you decide to pursue further action.

Texas Education Agency Contact Information: You can find information about filing complaints and requesting mediation on the Texas Education Agency website (tea.texas.gov). You can also contact the TEA directly for assistance.

After the Evaluation

Once the FIE is complete, Dallas ISD will schedule an Admission, Review, and Dismissal (ARD) committee meeting. This meeting is crucial to determining your child's eligibility for special education services and, if eligible, developing an Individualized Education Program (IEP). It is important to be prepared for this meeting.

The ARD Committee: The ARD committee is a team of individuals who work together to make decisions about your child's special education services. The committee must include:

• You, as the parent.
• At least one of your child's teachers.
• A representative of the school district who is qualified to provide or supervise the provision of special education.
• A person who can interpret the instructional implications of evaluation results. This could be a diagnostician, educational psychologist, or other qualified professional.
• Your child (when appropriate). Texas law mandates student participation if they are 14 or older.
• Other individuals with knowledge or special expertise regarding your child, including related services personnel as appropriate.

Purpose of the ARD Meeting: The ARD committee will:

• Review the FIE results and determine if your child meets the criteria for a disability under IDEA and Texas law.
• If your child is found eligible, develop an IEP that outlines your child's specific educational needs, goals, and the services they will receive to meet those goals.
• Determine the appropriate placement for your child. This may include services in the general education classroom, a resource room, or a more specialized setting.

The Individualized Education Program (IEP): The IEP is a legally binding document that outlines your child's special education services. It must include:

• Measurable annual goals for your child.
• A description of how your child's progress toward those goals will be measured.
• A statement of the special education and related services that your child will receive.
• A statement of any accommodations or modifications that your child needs to access the general education curriculum.
• The date when services will begin and the anticipated frequency, location, and duration of those services.

Your Role in the ARD Meeting: You are an equal member of the ARD committee, and your input is essential. Be prepared to share your perspective on your child's strengths, weaknesses, and needs. Ask questions and advocate for your child's best interests. Do not hesitate to express your concerns or disagreements with the proposed IEP.

If You Disagree with the ARD Committee's Decisions: If you disagree with the ARD committee's decisions, you have the right to pursue dispute resolution options, such as mediation or a due process hearing. You must indicate your disagreement in writing. You are not required to sign an IEP you disagree with. You have the right to implement a "stay put" provision which means the child remains in their last agreed-upon educational setting pending the outcome of the dispute resolution.

Ongoing Monitoring and Review: The IEP must be reviewed at least annually, but you can request a review meeting more frequently if needed. It is important to monitor your child's progress and work with the school to make adjustments to the IEP as necessary to ensure that your child is making adequate progress. Remember that parental involvement is key to a successful special education journey. By understanding your rights and responsibilities, you can effectively advocate for your child's needs and ensure they receive the appropriate support to reach their full potential in Dallas ISD.