Requesting an Evaluation in Denton ISD

Requesting a Special Education Evaluation in Denton ISD

This guide provides information on requesting a special education evaluation for your child within Denton Independent School District (ISD) in Texas. It outlines the process, your rights, and the school's obligations under Texas law and the Individuals with Disabilities Education Act (IDEA).

How to Submit a Written Request

The first crucial step in initiating a special education evaluation is submitting a written request to the school. This request formally alerts the district of your concerns regarding your child's educational needs and triggers the evaluation process. A verbal request is generally not sufficient to initiate the legal timelines and protections afforded under IDEA and Texas law.

Who to Send the Request To: The request should be addressed to the principal of your child's school. You can also send a copy to the Special Education Director for Denton ISD. It's always a good practice to send it to both to ensure it reaches the correct individuals promptly. Contact information for the Special Education Director can be found on the Denton ISD website.

Content of the Written Request: Your request should be clear, concise, and include the following information:

• Date: Include the date of the letter.
• Your Child's Full Name and Date of Birth: Accurate identification is essential.
• School and Grade: Specify the school your child attends and their current grade level.
• Your Contact Information: Provide your full name, address, phone number, and email address.
• Statement of Concern: Clearly state your concerns about your child's academic, behavioral, or developmental progress. Be specific and provide examples. For instance, instead of saying "My child is struggling in reading," say "My child struggles to decode simple words, reads significantly below grade level, and often gets frustrated during reading assignments."
• Reasons for Suspecting a Disability: Briefly explain why you believe your child may have a disability that impacts their ability to learn in the general education classroom. Provide examples of specific challenges they face and how these challenges differ from their peers. This section is crucial; the more specific you are, the better.
• Previous Interventions and Their Effectiveness: If your child has received any interventions, such as Response to Intervention (RtI), document these interventions and their outcomes. Indicate whether the interventions were successful or not. If unsuccessful, explain why you believe they were not effective.
• Request for a Full and Individual Initial Evaluation (FIIE): Clearly state that you are requesting a Full and Individual Initial Evaluation (FIIE) to determine if your child is eligible for special education services under IDEA and Texas law.
• Your Signature: Your signature is required to validate the request.

Delivery Methods: Send the request via certified mail with return receipt requested. This provides proof that the school received your request. Keep a copy of the request for your records.

Sample Request (Snippet):

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

[Date]

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

Special Education Director
Denton ISD
[Denton ISD Address]

Subject: Request for Full and Individual Initial Evaluation (FIIE) for [Child's Full Name]

Dear [Principal's Name] and Special Education Director,

I am writing to request a Full and Individual Initial Evaluation (FIIE) for my child, [Child's Full Name], who is currently in [Grade Level] at [School Name]. I am concerned about [Child's Name]'s academic progress, specifically in [Subject Area/Skill]. For example, [Child's Name] [Specific Example of Difficulty]...

The 45 School Day Timeline

Texas law mandates a specific timeline once a school district receives a written request for a special education evaluation. Denton ISD must adhere to this timeline. The entire evaluation process, from receiving your written request to the completion of the evaluation and the ARD (Admission, Review, and Dismissal) committee meeting to discuss the findings, must be completed within 45 school days.

School Days vs. Calendar Days: It's crucial to understand that this is 45 *school* days, not calendar days. Weekends, holidays, and summer breaks are not counted towards the 45-day timeline. Denton ISD's school calendar will be the definitive source for determining school days.

Timeline Breakdown: While the law doesn't specify a breakdown within the 45 days, typically the process involves the following:

• Review of Existing Data: The school will review your child's existing records, including grades, attendance, previous assessments, and teacher observations.
• Consent to Evaluate: The school must obtain your written consent to proceed with the evaluation. This consent must be informed, meaning the school must explain the nature of the evaluation, the types of assessments that will be used, and how the information will be used.
• Conducting the Evaluation: Qualified professionals will conduct the necessary assessments to evaluate your child's strengths and weaknesses in various areas.
• Report Writing: The evaluators will prepare a comprehensive report summarizing the findings of the evaluation.
• ARD Committee Meeting: An ARD committee meeting must be held to discuss the evaluation results and determine if your child is eligible for special education services.

Starting the Clock: The 45-school-day timeline begins when the school *receives* your written request, not when you mail it. This is why certified mail with return receipt is essential proof of receipt.

Pauses and Extensions: There are very limited circumstances under which the timeline can be paused or extended. Generally, these involve parental delays (e.g., you delay providing necessary information) or situations beyond the school's control. Any proposed extension must be justified and agreed upon in writing by you.

What to Do If the Timeline Is Not Met: If Denton ISD fails to meet the 45-school-day timeline without a valid reason and your written consent for an extension, you have several options. You can contact the school's Special Education Director, request mediation through the Texas Education Agency (TEA), or file a formal complaint with TEA. Document all communication and keep records of any missed deadlines.

What the FIE Must Cover

The Full and Individual Initial Evaluation (FIIE) must be comprehensive and assess all areas related to the suspected disability. The goal is to gain a complete understanding of your child's strengths, weaknesses, and educational needs. The specific areas assessed will depend on your child's individual circumstances and the concerns you raised in your initial request.

Required Components of an FIE: Under Texas law and IDEA, the FIE must include, at a minimum:

• Academic Achievement: Assessment of reading, writing, math, and other academic areas, as appropriate. This may involve standardized tests, curriculum-based assessments, and teacher observations.
• Intellectual Functioning: Assessment of cognitive abilities, problem-solving skills, and overall intellectual capacity. This is typically assessed using an individually administered intelligence test (IQ test).
• Communication Skills: Evaluation of receptive and expressive language skills, including articulation, fluency, vocabulary, and grammar.
• Motor Skills: Assessment of gross motor skills (e.g., running, jumping) and fine motor skills (e.g., writing, using scissors).
• Adaptive Behavior: Evaluation of your child's ability to function independently in daily life, including self-care, social skills, and practical skills.
• Social and Emotional Functioning: Assessment of social skills, emotional regulation, and behavioral characteristics. This may involve parent and teacher questionnaires, observations, and interviews.
• Health and Medical History: A review of your child's medical history and any relevant health information that may impact their learning.
• Sensory Processing: Assessment of how your child processes sensory information (e.g., sight, sound, touch). This is particularly important if there are concerns about sensory sensitivities or challenges.
• Observation in the Classroom: A qualified professional must observe your child in their classroom setting to assess their behavior and learning patterns in a natural environment.

Evaluators: The FIE must be conducted by qualified professionals who are trained and experienced in the specific areas being assessed. This may include educational diagnosticians, school psychologists, speech-language pathologists, occupational therapists, and other specialists.

Parent Input: Your input is crucial to the FIE process. You should be given opportunities to share your observations, concerns, and insights about your child's strengths and weaknesses. Your input must be considered as part of the evaluation.

Independent Educational Evaluation (IEE): If you disagree with the results of the school's FIE, you have the right to obtain an Independent Educational Evaluation (IEE) at public expense (meaning the school district pays for it) if certain conditions are met. You must demonstrate that you disagree with the school's evaluation. Denton ISD has specific procedures for requesting an IEE. The ARD committee will then need to consider the results of the IEE.

Child Find Obligations

Texas law, in accordance with IDEA, places a legal obligation on school districts to actively identify, locate, and evaluate all children with disabilities who reside within their jurisdiction, regardless of whether they are enrolled in public school, private school, or are homeschooled. This is known as the "Child Find" mandate.

Who is Covered: Child Find applies to all children from birth to age 21 who are suspected of having a disability that affects their ability to learn. This includes children who are highly mobile, such as migrant children or homeless children, and children who are suspected of having a disability even if they are advancing from grade to grade.

Denton ISD's Responsibilities: Denton ISD has a responsibility to:

• Public Awareness: Conduct public awareness campaigns to inform parents and the community about special education services and how to access them.
• Screening and Referral: Implement screening procedures to identify children who may be at risk for a disability. This may include vision and hearing screenings, as well as academic screenings. Teachers and other school personnel are trained to identify students who may need further evaluation and refer them for consideration.
• Evaluation and Eligibility Determination: Provide timely and appropriate evaluations for children who are suspected of having a disability.

Your Role: As a parent, you play a vital role in the Child Find process. If you have concerns about your child's development or learning, do not hesitate to contact the school. Your inquiry triggers the school's responsibility to investigate and, if appropriate, initiate the evaluation process.

Private School and Homeschool Students: Denton ISD also has Child Find obligations for students attending private schools within the district or who are being homeschooled. Contact the district's Special Education Director for information on accessing these services.

What If They Refuse

While Denton ISD is legally obligated to evaluate a child if there is reasonable suspicion of a disability, they may refuse to conduct an evaluation. If the district refuses your written request for an FIE, they must provide you with a written explanation of their reasons for the refusal within a reasonable timeframe.

Reasons for Refusal: The school may refuse an evaluation if they believe there is insufficient evidence to suggest that your child has a disability that impacts their education. They might argue that your child's academic difficulties are due to other factors, such as lack of instruction or limited English proficiency. However, the school must provide data and documentation to support their refusal.

Your Options When Refused: If Denton ISD refuses to evaluate your child, you have several options:

• Request a Meeting: Request a meeting with the school principal, special education staff, and your child's teachers to discuss your concerns and the reasons for the refusal. Present any additional information or documentation you have to support your request.
• Request Mediation: Request mediation through the Texas Education Agency (TEA). Mediation is a voluntary process where a neutral third party helps you and the school district reach a mutually agreeable solution.
• File a Formal Complaint: File a formal complaint with the Texas Education Agency (TEA). TEA will investigate your complaint and determine if the school district violated IDEA or state special education laws.
• Request a Due Process Hearing: Request a due process hearing. This is a more formal legal proceeding where an impartial hearing officer hears evidence and makes a decision about whether the school district is required to evaluate your child. Due process hearings can be complex and may require the assistance of an attorney.

Burden of Proof: It's important to understand that if you pursue a due process hearing, the burden of proof is generally on you to demonstrate that the school district should have evaluated your child. Therefore, it's essential to gather as much evidence as possible to support your case.

Documentation is Key: Throughout this process, keep detailed records of all communication with the school district, including dates, times, and the content of conversations. Also, document all your child's academic and behavioral challenges.

After the Evaluation

Once the Full and Individual Initial Evaluation (FIIE) is completed, the next step is the ARD (Admission, Review, and Dismissal) committee meeting. This meeting is crucial in determining whether your child is eligible for special education services and, if so, developing an Individualized Education Program (IEP).

The ARD Committee: The ARD committee is a group of individuals who are responsible for making decisions about your child's special education program. The committee must include:

• Parents: You are a vital member of the ARD committee and have the right to participate in all discussions and decisions.
• A School Administrator: A representative of the school administration who is knowledgeable about special education services.
• Your Child's Teacher(s): At least one of your child's general education teachers (if applicable) and a special education teacher.
• An Evaluation Specialist: A qualified professional who can explain the results of the FIE.
• Other Professionals: Other professionals who have knowledge or expertise related to your child's needs, such as a speech-language pathologist, occupational therapist, or school psychologist.
• The Student: When appropriate, particularly as the child gets older, the student should be invited to participate in the ARD committee meeting.

The ARD Meeting: The ARD meeting will cover the following:

• Review of Evaluation Results: The evaluation specialist will present the results of the FIE and explain their implications for your child's education.
• Eligibility Determination: The ARD committee will determine whether your child meets the eligibility criteria for special education services under one of the categories of disability defined by IDEA and Texas law.
• Development of 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 written document that outlines your child's specific educational needs, goals, and the services and supports that will be provided to help them achieve those goals.
• Placement Decisions: The ARD committee will determine the most appropriate educational placement for your child, taking into consideration their individual needs and the principle of Least Restrictive Environment (LRE). LRE means that your child should be educated with their non-disabled peers to the maximum extent appropriate.

Your Rights at the ARD Meeting: You have the right to:

• Participate Fully: Actively participate in all discussions and decisions.
• Ask Questions: Ask questions about the evaluation results, eligibility criteria, IEP goals, and placement options.
• Provide Input: Share your concerns, observations, and insights about your child's needs and preferences.
• Bring an Advocate: Bring an advocate or support person to the meeting.
• Disagree: Disagree with the ARD committee's decisions. If you disagree, you have the right to request mediation or file a due process hearing.
• Receive a Copy of the IEP: Receive a copy of the IEP within a reasonable timeframe after the meeting.

The IEP: The IEP is a legally binding document that outlines the services and supports that Denton ISD is obligated to provide to your child. It is important to review the IEP carefully and ensure that it accurately reflects your child's needs and goals. The IEP must be reviewed and revised at least annually.

This guide provides general information and should not be considered legal advice. It is highly recommended that you consult with an attorney or advocate specializing in special education law for personalized guidance regarding your specific situation within Denton ISD and Texas law.