Requesting an Evaluation in Fort Worth ISD

Requesting a Special Education Evaluation in Fort Worth ISD

This guide provides information about requesting a special education evaluation for your child in Fort Worth ISD (FWISD), according to Texas state law and regulations. It outlines the process, timelines, your rights, and what to do if you encounter challenges.

How to Submit a Written Request

The first, and arguably most important, step in initiating the special education evaluation process is submitting a written request to FWISD. This request formally triggers the school district's obligations under federal and state law. The written request should be clear, concise, and explicitly state your desire for a special education evaluation for your child.

Who to Address the Request To: The best practice is to address the request to the principal of your child's school. You can also send a copy to the school's special education director or the campus 504 coordinator. Sending to multiple parties ensures that the request is received and acknowledged promptly. Keep a copy of the request for your records.

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

• Your child's full name and date of birth.
• Your child's current grade and teacher.
• Your child's address and phone number.
• A brief description of your child's specific academic or behavioral difficulties that are causing concern. Be as specific as possible. Include examples, such as difficulties with reading comprehension, inability to focus in class, frequent behavioral outbursts, or struggles with math concepts.
• Why you believe your child may have a disability that requires special education services. You don't need to diagnose your child, but you can express your concerns based on your observations and any information you have from doctors or other professionals.
• A statement explicitly requesting a full and individual evaluation (FIE) to determine if your child has a disability that qualifies them for special education services under the Individuals with Disabilities Education Act (IDEA) and Texas state law.
• Your signature and date.

Delivery Methods: It is crucial to document the delivery of your request. You can send it via certified mail with return receipt requested. This provides proof that the school received your request. You can also hand-deliver the request to the principal's office and obtain a signed and dated receipt acknowledging its receipt. Email is also acceptable, but ensure you receive a confirmation email reply as proof of delivery.

Example of a Written Request:

Date:

To: [Principal's Name], Principal of [School Name]

From: [Your Name], Parent of [Child's Name]

Subject: Request for Special Education Evaluation

Dear Principal [Principal's Name],

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

I am concerned about [Child's Name]'s [Specific academic or behavioral difficulties]. For example, [Child's Name] [Give a specific example of the difficulty, e.g., "struggles with reading comprehension and consistently scores below grade level on reading assessments"]. [Child's Name] also [Give another specific example, e.g., "has difficulty focusing in class and often disrupts the learning environment"].

Based on these difficulties, I believe [Child's Name] may have a disability that requires special education services and related services to address their needs. Therefore, I am requesting a full and individual evaluation to determine eligibility for special education services.

Please contact me at [Your Phone Number] or [Your Email Address] to discuss this matter further.

Sincerely,

[Your Name]

The 45 School Day Timeline

Texas law mandates a strict timeline for the special education evaluation process once the school district receives your written request. The school district has 45 school days to complete the evaluation and determine your child's eligibility for special education services. This timeline begins when the school receives your written request for evaluation.

What Counts as a "School Day": It's crucial to understand that the 45-day timeline refers to school days, not calendar days. Weekends, holidays, and school breaks (such as Thanksgiving break, winter break, or spring break) are not counted. FWISD's school calendar is available on their website and is essential to track the timeline accurately.

The ARD Committee Meeting: After the evaluation is completed, an Admission, Review, and Dismissal (ARD) committee meeting must be held within the 45-school-day timeline. This meeting includes you, the parent(s), school administrators, teachers, and evaluation personnel. The purpose of the ARD meeting is to discuss the evaluation results, determine if your child meets the eligibility criteria for special education, and, if eligible, develop an Individualized Education Program (IEP).

Timeline Extensions: There are limited circumstances under which the 45-day timeline can be extended. This generally requires your written consent. Be very cautious about agreeing to extend the timeline without fully understanding the reason and the potential impact on your child. Legitimate reasons for extension may include your unavailability for the ARD meeting or unforeseen circumstances that delay the completion of the evaluation.

If the Timeline is Missed: If FWISD fails to complete the evaluation and hold the ARD meeting within the 45-school-day timeline (without a mutually agreed-upon extension), you have the right to file a complaint with the Texas Education Agency (TEA). This can also be grounds for requesting compensatory services to make up for the lost time.

What the FIE Must Cover

The Full and Individual Evaluation (FIE) is a comprehensive assessment of your child's educational needs. It must be thorough enough to identify all areas of suspected disability. The scope of the FIE should not be limited by the school district's assumptions or preconceived notions about your child. The evaluation must use a variety of assessment tools and strategies to gather relevant academic, developmental, and functional information about your child. It should also include information provided by the parent(s).

Areas of Assessment: The FIE typically includes assessment in the following areas, depending on the child's suspected disabilities:

• Intellectual Functioning: This involves assessing your child's cognitive abilities, such as problem-solving, reasoning, and memory, often through standardized IQ tests.
• Academic Achievement: This assesses your child's skills in reading, writing, math, and other academic areas. It includes standardized achievement tests and classroom-based assessments.
• Adaptive Behavior: This evaluates your child's ability to function independently in daily life activities, such as self-care, communication, and social skills.
• Communication Skills: This assesses your child's receptive and expressive language skills, including articulation, fluency, and vocabulary.
• Motor Skills: This evaluates your child's gross and fine motor skills, coordination, and balance.
• Social and Emotional Functioning: This assesses your child's emotional well-being, social interactions, and behavior. This may involve observations, interviews, and standardized behavioral rating scales.
• Health and Medical Information: This includes a review of your child's medical history and any relevant medical evaluations.
• Vision and Hearing Screening: A screening is done to determine if either vision or hearing is impairing learning.

Parent Input: Your input as a parent is a crucial part of the FIE. The evaluation team must consider your observations, concerns, and information about your child's strengths and weaknesses. Share any relevant information you have from doctors, therapists, or other professionals who have worked with your child.

Independent Educational Evaluation (IEE): If you disagree with the results of the school district's FIE, you have the right to request an Independent Educational Evaluation (IEE) at public expense (meaning the school district pays for it). The school district can either agree to pay for the IEE or request a due process hearing to demonstrate that their evaluation was appropriate. If the school district prevails at the due process hearing, you still have the right to obtain an IEE, but you will have to pay for it yourself. The results of an IEE must be considered by the ARD committee.

Child Find Obligations

Under the Individuals with Disabilities Education Act (IDEA) and Texas state law, FWISD has a legal obligation to "Child Find." This means that the school district must actively identify, locate, and evaluate all children with disabilities residing within its boundaries, regardless of whether they are enrolled in public school. This obligation extends to children who are suspected of having a disability, even if they are performing well academically.

How Child Find Works: Child Find activities can include screenings, parent outreach programs, and referrals from teachers, doctors, or other professionals. If a teacher or school staff member suspects that a child may have a disability, they are required to refer the child for evaluation.

Your Role in Child Find: As a parent, you play a critical role in the Child Find process. If you have concerns about your child's development or learning, you should not hesitate to contact the school and request an evaluation. Even if your child is performing at grade level, if you suspect they may have a disability that is being masked by their high achievement, you have the right to request an evaluation. The district cannot deny your request simply because your child is passing their classes.

Private School Students: The Child Find obligation also extends to students attending private schools within FWISD boundaries. Parents of private school students can contact FWISD to request an evaluation for special education services.

What If They Refuse

FWISD cannot arbitrarily refuse your request for a special education evaluation. If the school district refuses to evaluate your child, they must provide you with a written explanation of their reasons for refusing. This written notice must comply with the requirements of the Individuals with Disabilities Education Act (IDEA) and include procedural safeguards.

Common Reasons for Refusal (and How to Respond): Some common (but potentially inappropriate) reasons for refusal include:

• "Your child is passing their classes." As mentioned above, academic achievement alone is not a sufficient basis for denying an evaluation. A child can still have a disability that requires special education services even if they are passing their classes. You can argue that the child is working much harder than their peers or is exhibiting signs of significant struggle.
• "We need to try interventions first." While Response to Intervention (RTI) programs can be helpful, they cannot be used as a reason to delay or deny an evaluation if you suspect your child has a disability. RTI and evaluation can occur concurrently. You can state that while you are willing to participate in RTI, you still want the evaluation to proceed.
• "We don't have enough staff." Staffing shortages are not a valid reason to deny an evaluation. The school district has a legal obligation to provide a timely evaluation, regardless of staffing levels.

Your Options When Refused: If you disagree with the school district's refusal to evaluate your child, you have several options:

• Request Mediation: Mediation is a process where you and the school district meet with a neutral third party to try to resolve the dispute.
• File a Complaint with the TEA: You can file a formal complaint with the Texas Education Agency (TEA) alleging that the school district has violated the IDEA. The TEA will investigate the complaint and issue a decision.
• Request a Due Process Hearing: A due process hearing is a formal legal proceeding where you present evidence to an impartial hearing officer who will make a decision about whether the school district violated your child's rights. This is a more formal and adversarial process than mediation.
• Seek Legal Advice: Consult with an attorney specializing in special education law. An attorney can advise you on your legal rights and help you navigate the special education process.

After the Evaluation

After the FIE is completed, the ARD committee will meet to discuss the results and determine your child's eligibility for special education services. If the ARD committee determines that your child has a disability that adversely affects their educational performance and requires specialized instruction, they will be found eligible for special education.

Developing the IEP: If your child is found eligible for special education, the ARD committee will develop an Individualized Education Program (IEP). The IEP is a written document that outlines your child's educational goals, the specific services they will receive, and how their progress will be measured. You, as the parent, are a critical member of the ARD committee and have the right to participate fully in the development of the IEP. Be prepared to actively engage in the discussion and advocate for your child's needs. The IEP must be designed to provide your child with a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE).

Reviewing the IEP: The IEP must be reviewed at least annually, but you can request a review meeting at any time if you have concerns about your child's progress or the effectiveness of the IEP. Make sure you carefully review the IEP and understand all of its components. If you disagree with any part of the IEP, you have the right to request changes or pursue dispute resolution options.

Ongoing Monitoring and Advocacy: Special education is not a one-time event. It is an ongoing process that requires constant monitoring and advocacy. Stay involved in your child's education, communicate regularly with their teachers and service providers, and track their progress. Don't hesitate to ask questions, express concerns, and advocate for your child's needs throughout their special education journey. You are your child's most important advocate.

Resources: The following resources may be helpful:

• Texas Education Agency (TEA): https://tea.texas.gov/
• Disability Rights Texas: https://www.disabilityrightstx.org/
• Fort Worth ISD Special Education Department: https://www.fwisd.org/ (Navigate to the Special Education section)

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult with an attorney specializing in special education law for advice specific to your situation. Laws and regulations are subject to change.