Requesting an Evaluation in Eagle Mountain-Saginaw ISD

Requesting a Special Education Evaluation in Eagle Mountain-Saginaw ISD

This guide provides parents of children in Eagle Mountain-Saginaw Independent School District (EMS ISD) with information on how to request a special education evaluation. Understanding the process and your rights under Texas law is crucial to ensuring your child receives the necessary support if they have a disability affecting their educational performance.

This guide outlines the steps involved, including how to submit a written request, the timelines the district must follow, the required components of the Full Individual Evaluation (FIE), the district's "Child Find" obligations, what to do if the district refuses to evaluate, and the actions that follow the evaluation.

How to Submit a Written Request

The process begins with a formal, written request for a special education evaluation. This request should be clear, concise, and directly state that you are requesting an evaluation for special education services.

Here's what your written request should include:

• Date: The date you are submitting the request.
• Child's Full Name: The child's legal name as it appears in school records.
• Child's Date of Birth: The child's date of birth.
• Child's Grade Level: The child's current grade level.
• Child's School: The name of the school your child attends within EMS ISD.
• Your (Parent/Guardian) Name(s): Your full legal name(s).
• Your Address: Your current mailing address.
• Your Phone Number(s): Phone numbers where you can be easily reached.
• Your Email Address: A valid email address for communication.
• A Clear Statement Requesting an Evaluation: This is the most important part. Use clear language like: "I am writing to formally request a full and individual evaluation for my child, [Child's Name], to determine eligibility for special education services under the Individuals with Disabilities Education Act (IDEA) and Texas state law."
• A Brief Description of Your Concerns: While you don't need to provide a comprehensive diagnosis, briefly describe the concerns you have about your child's academic, behavioral, or developmental progress. Examples include: "My child is struggling significantly with reading comprehension," "My child is having difficulty following classroom instructions and often exhibits disruptive behavior," or "My child's speech is significantly delayed compared to their peers." Be specific as possible. Mention any interventions or supports that have already been tried, and their results.
• Any Supporting Documentation: If you have any reports from doctors, therapists, or other professionals that support your concerns, include copies of these documents with your request. Do not send originals.
• Your Signature: Sign and date the letter. If both parents have legal custody, both should sign.

Submitting the Request: The request should be submitted in writing. This can be done via certified mail (return receipt requested) to the school principal or the Special Education Director for EMS ISD. Keeping a copy for your records is critical. Sending it via email and requesting a read receipt is also a good idea, but the certified mail provides stronger proof of delivery.

Example Statement: "Based on my observations and concerns about [Child's Name]'s progress in [Specific Subject or Area], I believe a special education evaluation is necessary to determine if [Child's Name] has a disability that is impacting their ability to learn and benefit from their education."

The 45 School Day Timeline

Texas law (specifically the Texas Education Code and the Texas Administrative Code) establishes a strict timeline that EMS ISD must adhere to once they receive your written request. This timeline is 45 school days, not calendar days.

Day 1: The 45-school-day timeline begins the day the school district receives your written request. It is imperative that you have proof of delivery (e.g., certified mail receipt, email read receipt) to accurately track this date.

Within 15 School Days: Within 15 school days of receiving your request, the school must either:

• Obtain Your Consent to Evaluate: Provide you with an "Admission, Review, and Dismissal" (ARD) committee meeting to review your request and, if appropriate, obtain your written consent to conduct the evaluation. The ARD committee will determine if the evaluation is warranted. This consent starts the 45-day clock.
• Provide You with Prior Written Notice of Refusal: Provide you with written notice that the district is refusing to evaluate your child. This notice must explain the reasons for the refusal, describe other options the school considered, and inform you of your right to appeal the decision through dispute resolution options, such as mediation or due process.

If Consent is Given (Evaluation Begins): If you provide consent for the evaluation, the district must complete the evaluation and hold an ARD committee meeting to discuss the results within the remaining portion of the 45-school-day timeline. If it takes 10 school days to get your consent, the evaluation and ARD meeting must occur within the remaining 35 school days.

Breaks and Interruptions: School breaks (e.g., summer break, winter break, spring break) generally do not count towards the 45-school-day timeline, *unless* the ARD committee determines that the evaluation can be completed during the break. Make sure this agreement is documented in writing. Be aware that getting an evaluation completed during summer break may be difficult due to staff availability.

Tracking the Timeline: It is your responsibility to track the 45-school-day timeline. Maintain accurate records of all communication and deadlines.

What the FIE Must Cover

The Full Individual Evaluation (FIE) is a comprehensive assessment designed to determine if your child has a disability and, if so, what special education and related services are needed. The FIE must be conducted by qualified professionals and must cover all areas of suspected disability.

Required Components: The FIE should include (but is not limited to):

• Review of Existing Data: A thorough review of your child's educational records, including grades, attendance, standardized test scores, teacher observations, and previous interventions. This also includes information provided by the parents.
• Individual Assessments: Administration of standardized, norm-referenced tests in areas of concern. These tests should be appropriate for your child's age, language, and cultural background. Examples include tests of cognitive ability (IQ tests), academic achievement (reading, writing, math), language skills (receptive and expressive), motor skills, and adaptive behavior.
• Observations: Direct observations of your child in their classroom and other school settings. These observations provide valuable information about your child's behavior, learning style, and social interactions.
• Parent Input: The FIE must consider information provided by you, the parent. Your perspective is crucial to understanding your child's strengths, weaknesses, and needs. Be prepared to share detailed information about your child's developmental history, medical history, and any other relevant factors.
• Teacher Input: Input from your child's teachers is also essential. Teachers can provide valuable insights into your child's academic performance, classroom behavior, and response to interventions.
• Specific Areas of Suspected Disability: The FIE must evaluate all areas of suspected disability. For example, if you are concerned about your child's reading skills, the FIE should include assessments of reading fluency, reading comprehension, and phonological awareness. If you are concerned about your child's behavior, the FIE should include assessments of behavior patterns, social skills, and emotional regulation.
• Determination of Eligibility: The FIE must determine if your child meets the eligibility criteria for special education services under one or more of the 13 disability categories defined by the Individuals with Disabilities Education Act (IDEA) and Texas state law. These categories include: Autism, Deaf-Blindness, Deafness, Emotional Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, and Visual Impairment.
• Recommendations: If your child is found eligible for special education services, the FIE must include recommendations for appropriate educational and related services, accommodations, and modifications. These recommendations will form the basis of your child's Individualized Education Program (IEP).

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 (i.e., paid for by the school district). You must make this request within a reasonable timeframe after receiving the FIE results. The school district can either grant your request or initiate a due process hearing to demonstrate that their evaluation was appropriate. If you obtain an IEE at your own expense, the school district must consider the results of the IEE in the ARD committee process.

Child Find Obligations

Under the Individuals with Disabilities Education Act (IDEA) and Texas state law, EMS ISD has a legal responsibility to actively identify, locate, and evaluate all children with disabilities residing within its boundaries, regardless of whether they are enrolled in public school. This is known as "Child Find."

What Child Find Means for You: EMS ISD cannot simply wait for parents to request evaluations. They have an affirmative duty to identify students who may have disabilities. This includes children who are not yet enrolled in school (e.g., preschoolers), children who are homeschooled, and children who are attending private schools within the district.

Signs That Child Find Should Be Triggered: If your child exhibits significant academic, behavioral, or developmental difficulties, the school district should take action to investigate whether a disability is present. This could include situations where your child is:

• Consistently failing grades.
• Exhibiting significant behavioral problems.
• Demonstrating delays in speech, language, or motor skills.
• Having difficulty learning basic academic skills.
• Showing signs of social or emotional distress.

If You Suspect Child Find is Not Being Followed: If you believe that EMS ISD is failing to meet its Child Find obligations (i.e., they are aware of your child's difficulties but are not taking steps to evaluate for a possible disability), you should document your concerns in writing and submit them to the school principal and the Special Education Director. You can also contact the Texas Education Agency (TEA) for information on how to file a complaint.

What If They Refuse

EMS ISD may refuse to conduct a special education evaluation if they believe there is no reasonable suspicion that your child has a disability that is adversely affecting their educational performance.

Prior Written Notice: If the district refuses your request, they *must* provide you with "Prior Written Notice" (PWN). This notice must:

• Explain the reasons for the refusal.
• Describe other options the school considered and the reasons why those options were rejected.
• Inform you of your right to appeal the decision through dispute resolution options, such as mediation or due process.
• Provide you with information about how to obtain assistance from disability rights organizations and parent training and information centers.

Your Options When They Refuse: You have several options if EMS ISD refuses to evaluate your child:

• Request Mediation: Mediation is a voluntary process where you and the school district meet with a neutral third party to try to resolve the dispute. Mediation is often a less adversarial and more cost-effective way to reach an agreement. The TEA provides information on the mediation process in Texas.
• File a Complaint with the Texas Education Agency (TEA): You can file a formal complaint with the TEA if you believe that EMS ISD has violated your child's rights under IDEA or Texas state law. The TEA will investigate your complaint and issue a decision.
• Request a Due Process Hearing: A due process hearing is a more formal legal proceeding where an impartial hearing officer hears evidence and makes a decision about whether the school district violated your child's rights. This is a more adversarial and costly process than mediation, but it can be necessary if you are unable to resolve the dispute through other means.
• Obtain a Private Evaluation: While not ideal, you can pursue a private evaluation. Even though the district did not pay for it, they must still consider it during the ARD committee meeting. It can provide more evidence of need.

After the Evaluation

Once the FIE is complete, the next step is an Admission, Review, and Dismissal (ARD) committee meeting. This meeting must be held within 30 calendar days of the completion of the FIE.

The ARD Committee: The ARD committee is a team of individuals responsible for making decisions about your child's special education services. The committee typically includes:

• You, the parent(s).
• Your child (if appropriate).
• A representative of the school district who is qualified to provide or supervise special education services.
• Your child's teacher(s).
• An evaluation specialist who can interpret the evaluation results.
• Other individuals with knowledge or special expertise regarding your child (e.g., therapists, counselors).

Purpose of the ARD Meeting: The purpose of the ARD meeting is to:

• Review the results of the FIE.
• Determine if your child is eligible for special education services.
• Develop an Individualized Education Program (IEP) if your child is found eligible.

The Individualized Education Program (IEP): The IEP is a written document that outlines your child's special education and related services. The IEP must include:

• Your child's present levels of academic achievement and functional performance.
• Measurable annual goals for your child.
• A description of the special education and related services that will be provided to your child.
• A statement of any accommodations or modifications that will be provided to your child.
• A description of how your child's progress will be measured.
• A statement of how your child will participate in state and district-wide assessments.

Your Rights at the ARD Meeting: You have the right to participate fully in the ARD committee process. You have the right to:

• Ask questions and express your concerns.
• Provide input and share your perspective.
• Disagree with the committee's recommendations.
• Request that the committee consider alternative options.
• Bring an advocate or attorney to the meeting.

If You Disagree with the IEP: If you disagree with the IEP, you have the right to:

• Request another ARD meeting to discuss your concerns.
• Request mediation to try to resolve the dispute.
• File a complaint with the Texas Education Agency (TEA).
• Request a due process hearing.

Navigating the special education system can be challenging. Remember to document everything, ask questions, and advocate for your child's needs. This guide is intended to provide general information and should not be considered legal advice. It is always advisable to consult with an attorney or advocate specializing in special education law if you have specific legal questions or concerns.