Requesting an Evaluation in Frisco ISD

Requesting a Special Education Evaluation in Frisco ISD

This guide provides information for parents and guardians seeking a special education evaluation for their child within Frisco Independent School District (FISD) in Texas. Understanding the process, your rights, and the district's obligations under state and federal law is crucial to ensuring your child receives the support they need. This guide covers the steps involved in requesting an evaluation, understanding the timeline, knowing what the evaluation should cover, understanding the "Child Find" mandate, what to do if the district refuses to evaluate, and what to expect after the evaluation.

How to Submit a Written Request

The first step in initiating a special education evaluation is submitting a formal, written request to the appropriate school official. This request acts as the official trigger for the district's legal obligation to respond. It's important that the request is clear, concise, and includes specific information about your child's needs and concerns. Oral requests are not sufficient to trigger the legal timelines and obligations under Texas law.

Who to Address the Request To: The request should be addressed to the principal of your child's school. If you are unsure, contacting the Special Education Department at FISD directly can help you determine the correct recipient. Keeping a copy of the request, dated and with proof of delivery (e.g., certified mail receipt, email confirmation), is essential for your records.

Content of the Written Request: While there's no specific form required, your written request should include the following information:

• Child's Full Name and Date of Birth: Ensure accuracy to avoid confusion.
• Child's Current School and Grade Level: State where your child is enrolled.
• Your Contact Information: Include your name, address, phone number, and email address.
• Specific Concerns About Your Child's Learning or Behavior: Describe the specific academic, behavioral, or developmental challenges your child is experiencing. Be as detailed as possible. For example, instead of saying "My child is struggling in math," say "My child struggles with number sense, cannot recall basic math facts, and is consistently failing math quizzes."
• Why You Believe a Special Education Evaluation is Necessary: Explain why you believe your child's difficulties may be related to a disability that requires special education and related services. You can reference examples from school work, observations, or previous interventions that have been unsuccessful.
• Any Relevant Medical or Educational History: Include any information about past medical diagnoses, therapies, previous evaluations (if any), or other relevant information that could inform the evaluation process.
• A Clear Statement Requesting an Evaluation: State clearly that you are requesting a full and individual evaluation 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.

Example of a Portion of a Written Request:

"...Therefore, I am formally requesting a full and individual evaluation of [Child's Name] to determine if they have a disability impacting their ability to access the general education curriculum and if they are eligible for special education and related services. I believe [Child's Name]'s difficulties in reading and writing, as detailed above, warrant a comprehensive evaluation to identify any underlying learning disabilities..."

The 45 School Day Timeline

Under Texas law, Frisco ISD has a specific timeline to adhere to once they receive your written request for an evaluation. It's crucial to understand this timeline to ensure the district is meeting its legal obligations. The timeline is measured in school days, not calendar days. This means weekends, holidays, and school breaks are excluded from the count.

Timeline Breakdown:

1. Receipt of Written Request (Day 0): The 45-school-day timeline begins the day the district receives your written request. Document the date you submitted the request and how you submitted it.
2. Decision on Whether to Evaluate (Within a Reasonable Time): While not explicitly stated as a specific number of days, the ARD (Admission, Review, and Dismissal) committee must meet "within a reasonable time" to determine if an evaluation is warranted. This usually happens within a week or two. They will review existing data, including teacher observations, grades, and any interventions already implemented.
3. Notice of Decision: The district must provide you with written notice of their decision. If they agree to evaluate, this notice will include a consent form for you to sign authorizing the evaluation. If they refuse to evaluate, they must provide you with written notice explaining their reasons and informing you of your rights to appeal their decision.
4. Obtaining Parental Consent (If Evaluation is Agreed Upon): The district cannot begin the evaluation until you provide written consent. It is important to review the proposed evaluation plan carefully before signing the consent form.
5. Completing the Evaluation (Within 45 School Days from the date of the referral): The district has 45 school days from the date of the *initial referral* (your written request) to complete the evaluation. This includes all testing, observations, and data collection.
6. ARD Meeting to Discuss Evaluation Results: After the evaluation is complete, the ARD committee, including you, will meet to discuss the results and determine if your child meets the eligibility criteria for special education services. This meeting must be held within a reasonable time after the completion of the evaluation.

Important Considerations:

• The 45-day timeline can be extended *only* if you, the parent, agree in writing to an extension. Never feel pressured to agree to an extension if you are not comfortable with it.
• Document Everything: Keep meticulous records of all communication with the school district, including dates, times, and summaries of conversations.
• Know Your Rights: Familiarize yourself with your rights under IDEA and Texas special education laws.

What the FIE Must Cover

The Full and Individual Evaluation (FIE) is the cornerstone of the special education process. It's a comprehensive assessment designed to determine whether a child has a disability that impacts their educational performance and requires specialized instruction. The FIE must be individualized to your child's specific needs and concerns.

Key Components of a Comprehensive FIE:

• Assessment in All Areas of Suspected Disability: The evaluation must assess all areas where a disability is suspected. This means if you have concerns about reading, writing, math, and social skills, the evaluation should address all of these areas.
• Variety of Assessment Tools and Strategies: The evaluation should utilize a variety of assessment tools and strategies, including standardized tests, observations, interviews, and a review of existing records. Reliance on a single test score is generally insufficient to determine eligibility.
• Technically Sound Instruments: The assessments used must be technically sound and validated for the purpose for which they are being used. This means the tests should be reliable and accurate in measuring what they are intended to measure.
• Non-Discriminatory Assessment: The evaluation must be conducted in a way that is not discriminatory based on race, culture, or language. If your child's primary language is not English, the evaluation must be conducted in their native language or through a qualified interpreter.
• Qualified Professionals Conducting Assessments: The evaluation must be conducted by qualified professionals who have the training and experience to administer and interpret the assessments. This may include educational diagnosticians, school psychologists, speech-language pathologists, occupational therapists, and other specialists.
• Documentation of Present Levels of Academic Achievement and Functional Performance (PLAAFP): The FIE must include a clear description of your child's current academic skills and how they are functioning in the school environment. This information is crucial for developing an appropriate IEP.
• Consideration of All Relevant Factors: The evaluation must consider all relevant factors that may be impacting your child's educational performance, including medical history, social-emotional factors, and environmental factors.

Specific Areas Often Included in an FIE:

• Cognitive Abilities: Assessment of intellectual functioning and processing skills.
• Academic Achievement: Assessment of reading, writing, and math skills.
• Speech and Language: Assessment of communication skills, including articulation, fluency, language comprehension, and expressive language.
• Motor Skills: Assessment of fine motor and gross motor skills, if appropriate.
• Social-Emotional Functioning: Assessment of social skills, emotional regulation, and mental health.
• Adaptive Behavior: Assessment of daily living skills, such as self-care, communication, and social interaction.
• Sensory Processing: Assessment of how your child processes sensory information, if appropriate.

Reviewing the Proposed Evaluation Plan: Before consenting to the evaluation, carefully review the proposed evaluation plan with the school. Ask questions about the specific assessments that will be used and why they are being used. Ensure that the plan addresses all of your concerns and areas of suspected disability.

Child Find Obligations

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

What Does Child Find Mean?

Child Find means that Frisco ISD cannot simply wait for parents to request evaluations. They have a proactive responsibility to seek out children who may be in need of special education services. This includes children who are:

• Attending private schools or homeschools within the district.
• Homeless.
• Wards of the state.
• Suspected of having a disability, even if they are passing their classes. A child may be compensating for a disability and still require special education services to reach their full potential.

How is Child Find Implemented?

FISD implements Child Find through various activities, including:

• Screening Programs: Conducting screenings to identify children who may be at risk for developmental delays or learning difficulties.
• Teacher Referrals: Training teachers to recognize signs of potential disabilities and to refer students for further evaluation.
• Community Outreach: Partnering with community organizations to raise awareness about special education services and to identify children who may be in need of assistance.
• Public Awareness Campaigns: Disseminating information to the public about the availability of special education services.

What If You Suspect the District Isn't Meeting Its Child Find Obligations?

If you believe that Frisco ISD is not adequately fulfilling its Child Find obligations, you can file a complaint with the Texas Education Agency (TEA). You can also advocate for increased awareness and improved screening programs within the district.

What If They Refuse

If Frisco ISD refuses your written request for a special education evaluation, they must provide you with written notice explaining the reasons for their refusal. This notice is crucial because it outlines your rights and the steps you can take to challenge the district's decision. The district must provide "prior written notice" that includes:

• A description of the action the agency proposes or refuses to take;
• An explanation of why the agency proposes or refuses to take the action;
• A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
• A statement that the parent of a child with a disability has protection under the procedural safeguards of this part and, if this notice is not about an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;
• Sources for parents to contact to obtain assistance in understanding the provisions of this part;
• A description of other options that the ARD committee considered and the reasons why those options were rejected; and
• A description of the other factors that are relevant to the agency's proposal or refusal.

Your Options When the District Refuses:

• Request Mediation: Mediation is a voluntary process where you and the school district work with a neutral third party to try to resolve your dispute. The Texas Education Agency (TEA) provides mediation services free of charge.
• Request a Due Process Hearing: A due process hearing is a formal legal proceeding where an impartial hearing officer hears evidence and makes a decision about your dispute. You have the right to present evidence, call witnesses, and be represented by an attorney. Due process hearings can be complex and time-consuming, so it is advisable to seek legal counsel.
• File a Complaint with the Texas Education Agency (TEA): You can file a formal complaint with TEA alleging that Frisco ISD has violated the IDEA or Texas special education laws. TEA will investigate your complaint and issue a written decision.
• Independent Educational Evaluation (IEE): You have the right to obtain an Independent Educational Evaluation (IEE) at public expense if you disagree with the district's evaluation. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. To obtain an IEE at public expense, you must request it in writing. The district has the right to either agree to pay for the IEE or to request a due process hearing to defend its own evaluation.

Documenting the Refusal: Keep a copy of the district's written notice of refusal and any other documentation related to the denial. This documentation will be essential if you choose to pursue any of the options listed above.

After the Evaluation

Once the FIE is completed, the ARD (Admission, Review, and Dismissal) committee will convene to discuss the evaluation results and determine whether your child meets the eligibility criteria for special education services under the IDEA and Texas state law.

The ARD Meeting:

• Who Attends: The ARD committee includes you (the parent), school administrators, teachers, evaluators, and other relevant professionals. You have the right to invite anyone else you believe can contribute to the meeting, such as an advocate or a therapist.
• Reviewing the Evaluation Results: The evaluation results will be thoroughly reviewed and explained to you. Ask questions if anything is unclear.
• Determining Eligibility: The ARD committee will determine if your child meets the criteria for one of the specific disability categories defined under the IDEA (e.g., Specific Learning Disability, Autism, Intellectual Disability). In Texas, a child must also demonstrate an educational need for special education services.
• Developing the Individualized Education Program (IEP): If your child is found eligible for special education, the ARD committee will develop an Individualized Education Program (IEP). The IEP is a legally binding document that outlines your child's educational needs, goals, and the specific services and supports they will receive.

Key Components of an IEP:

• Present Levels of Academic Achievement and Functional Performance (PLAAFP): A detailed description of your child's current academic and functional skills.
• Measurable Annual Goals: Specific, measurable, achievable, relevant, and time-bound (SMART) goals for your child's progress in academic and functional areas.
• Special Education and Related Services: A description of the specific services your child will receive, such as specialized instruction, speech therapy, occupational therapy, counseling, or assistive technology.
• Accommodations and Modifications: A list of accommodations and modifications that will be provided to help your child access the general education curriculum. Accommodations change *how* a student learns the material (e.g., extended time on tests), while modifications change *what* a student is expected to learn (e.g., simplified assignments).
• Placement: A description of where your child will receive special education services (e.g., general education classroom with support, resource room, self-contained classroom).
• Progress Monitoring: A description of how your child's progress towards their goals will be monitored and reported to you.

Your Role in the ARD Process:

As a parent, you are an equal member of the ARD committee and have the right to participate fully in all decisions related to your child's special education program. Do not hesitate to ask questions, express your concerns, and advocate for your child's needs. If you disagree with any aspect of the IEP, you have the right to request changes or to pursue dispute resolution options, such as mediation or a due process hearing.

Regular IEP Reviews: The IEP must be reviewed at least annually, but you can request a review meeting more frequently if needed. This is an opportunity to assess your child's progress, make adjustments to the IEP, and ensure that it continues to meet their evolving needs.

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 to ensure your child's rights are protected.