Requesting an Evaluation in Garland ISD

Requesting a Special Education Evaluation in Garland ISD

This guide provides information for parents and guardians in Garland ISD who believe their child may require special education services. Understanding the process for requesting an evaluation and navigating the legal framework in Texas is crucial for advocating for your child's educational needs. This guide outlines the steps involved, timelines, and your rights throughout the process.

How to Submit a Written Request

The first step in obtaining a special education evaluation for your child is to submit a written request to the school district. This request formally initiates the process and triggers specific timelines under Texas law. A verbal request is not sufficient.

Your written request should be clear, concise, and include the following information:

• Date: The date you are submitting the request.
• Your Name and Contact Information: Include your full name, address, phone number, and email address.
• Child's Name and Date of Birth: Provide your child's full legal name and date of birth.
• Child's School and Grade Level: Specify the school your child attends and their current grade level.
• Specific Concerns: Clearly state your concerns about your child's academic, behavioral, or developmental progress. Be as specific as possible, citing examples of difficulties they are experiencing. For example, instead of saying "My child is struggling in reading," you might say, "My child is struggling with decoding words and comprehending reading passages. They consistently score below grade level on reading assessments and have difficulty completing reading assignments."
• Reason for Requesting Evaluation: Explain why you believe these concerns warrant a special education evaluation. Mention if you suspect your child has a disability that is impacting their ability to learn in the general education classroom.
• Supporting Documentation (Optional): If you have any supporting documentation, such as medical reports, previous evaluations, or samples of your child's work, you can include copies with your request. While not required at this stage, it can provide the school with valuable information.
• Signature: Sign and date the request.

Who to Send the Request To: The request should be sent to the appropriate school personnel. Typically, this is the school principal, the special education director, or the child's teacher. Contact the school to determine the most appropriate recipient. Keep a copy of the request for your records and consider sending it via certified mail with a return receipt requested to ensure proof of delivery.

Example Request Letter Snippet:

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 to determine if my child, [Child's Name], born on [Date of Birth], is eligible for special education services. [Child's Name] is currently a [Grade Level] student at [School Name].

I am concerned about [Child's Name]'s [Specific Concerns - e.g., reading comprehension, math skills, attention span]. [Provide specific examples].

I believe these difficulties may be indicative of a disability that is impacting [Child's Name]'s ability to access the general education curriculum. Therefore, I request a comprehensive evaluation to determine eligibility for special education services under the Individuals with Disabilities Education Act (IDEA) and Texas state law.

The 45 School Day Timeline

Texas law mandates a specific timeline that Garland ISD must adhere to once a written request for evaluation is received. This timeline is crucial for ensuring that evaluations are conducted promptly and that decisions regarding special education services are made in a timely manner.

Within 15 School Days: Upon receiving your written request, the school has 15 school days to decide whether to conduct an evaluation. During this time, the school may gather information from teachers, review your child's records, and observe your child in the classroom. The ARD (Admission, Review, and Dismissal) committee will convene (or determine if a meeting is necessary) to discuss your request. They must inform you of their decision in writing within those 15 school days. This notification must inform you of their intention to evaluate, their refusal to evaluate, or their intention to pursue Response to Intervention (RtI) strategies before making a decision on evaluation. They must provide you with a copy of the "Notice of Procedural Safeguards."

If the School Agrees to Evaluate: If the school agrees to conduct an evaluation, they have 45 school days from the date they receive your written request to complete the evaluation and hold an ARD meeting to discuss the results. This is the most crucial 45-day timeline to be aware of. This timeframe is designed to ensure a prompt and thorough assessment of your child's needs.

School Days vs. Calendar Days: It's important to remember that the 45-day timeline refers to *school days*, not calendar days. Weekends, holidays, and school breaks are not counted. This means the evaluation process can take longer than 45 calendar days.

Extending the Timeline: There are limited circumstances under which the 45-day timeline can be extended. This usually requires mutual written agreement between the school and the parents. Be wary of requests for extensions and carefully consider whether they are truly necessary. Document any agreed-upon extensions in writing.

Texas Education Code References: This timeline is governed primarily by the Texas Education Code (TEC) §29.004 and the Individuals with Disabilities Education Act (IDEA).

What the FIE Must Cover

The Full Individual Evaluation (FIE) is a comprehensive assessment of your child's educational needs. It is designed to identify whether your child has a disability and, if so, the nature and extent of their needs. The FIE must be individualized to your child and must cover all areas related to the suspected disability. A "cookie cutter" evaluation is not acceptable.

Required Components of the FIE: The FIE should include, but is not limited to:

• Academic Assessments: Evaluation of your child's academic skills in areas such as reading, writing, math, and spelling. This may involve standardized tests, informal assessments, and review of classroom work.
• Intellectual Assessment: Assessment of your child's cognitive abilities and overall intellectual functioning. This typically involves an IQ test administered by a qualified professional.
• Developmental Assessment: Evaluation of your child's developmental milestones and any delays in development.
• Speech and Language Assessment (If Applicable): If there are concerns about your child's speech or language skills, the evaluation must include a speech and language assessment conducted by a speech-language pathologist.
• Occupational Therapy Assessment (If Applicable): If there are concerns about your child's fine motor skills, gross motor skills, or sensory processing, the evaluation may include an occupational therapy assessment.
• Physical Therapy Assessment (If Applicable): If there are concerns about your child's gross motor skills or physical limitations, the evaluation may include a physical therapy assessment.
• Psychological Assessment (If Applicable): If there are concerns about your child's emotional or behavioral functioning, the evaluation may include a psychological assessment conducted by a licensed psychologist.
• Observation: Observations of your child in their classroom setting and other relevant environments.
• Parent Input: Consideration of information provided by you, the parent, regarding your child's strengths, weaknesses, and developmental history.
• Teacher Input: Consideration of information provided by your child's teachers regarding their academic performance and classroom behavior.

Comprehensive Assessment: The evaluation must be comprehensive enough to identify all of your child's educational needs, not just the areas that prompted the initial referral. If you suspect your child has multiple disabilities, the evaluation must address each of those areas.

Texas Specific Considerations: Texas regulations often require specific tests or assessments to be used in particular circumstances. Ensure the evaluation team is knowledgeable about these requirements.

Reviewing the Evaluation Plan: Before the evaluation begins, you should receive a written evaluation plan outlining the specific assessments that will be conducted. Review this plan carefully and ask questions if you have any concerns about the proposed assessments. You have the right to request additional assessments if you believe they are necessary to fully evaluate your child's needs.

Child Find Obligations

Texas law and the Individuals with Disabilities Education Act (IDEA) place a "Child Find" obligation on Garland ISD. This means the district has a legal responsibility to actively seek out, identify, and evaluate children with disabilities who may be in need of special education services, regardless of whether they are formally enrolled in school or not.

Proactive Identification: Child Find is not simply a passive process of waiting for parents to request evaluations. The district must actively implement procedures to identify children who may have disabilities.

Responsibilities of Garland ISD: Garland ISD is responsible for:

• Implementing screening procedures to identify students who may be at risk for academic or behavioral difficulties.
• Training teachers and staff to recognize the signs of potential disabilities.
• Providing information to parents and the community about special education services and the Child Find process.
• Responding promptly and effectively to referrals for evaluation.
• Evaluating children in a timely manner to determine their eligibility for special education services.

Who is Covered by Child Find?: The Child Find obligation applies to all children residing within Garland ISD's boundaries, including:

• Children enrolled in public schools.
• Children enrolled in private schools.
• Children who are homeschooled.
• Children who are not yet enrolled in school (e.g., infants and toddlers).

If You Suspect a Child is Not Being Identified: If you believe that a child with a disability is not being identified by Garland ISD, you have the right to contact the district and request an evaluation. You can also contact the Texas Education Agency (TEA) to file a complaint if you believe the district is not fulfilling its Child Find obligations. Document all communication and interactions with the school district regarding your concerns.

What If They Refuse

Garland ISD may refuse to conduct a special education evaluation if they believe there is no reason to suspect that your child has a disability that is impacting their educational performance. However, they must provide you with a written explanation of their reasons for refusing to evaluate, including the data and information they used to make their decision. This is known as Prior Written Notice.

Your Rights When an Evaluation is Refused: If you disagree with the school's decision to refuse an evaluation, you have several options:

• Request a Meeting: Request a meeting with the ARD committee to discuss your concerns and present any additional information you have that supports your request for an evaluation.
• Obtain an Independent Educational Evaluation (IEE): You have the right to obtain an IEE at public expense if you disagree with the school's refusal to evaluate. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. The district must either pay for the IEE or initiate a due process hearing to demonstrate that their refusal to evaluate was appropriate. If the school district initiates a due process hearing, they bear the burden of proof.
• Request Mediation: You can request mediation services from the Texas Education Agency (TEA) to attempt to resolve the dispute with the school district. Mediation is a voluntary process in which a neutral third party helps you and the school district reach a mutually agreeable resolution.
• File a Complaint with the TEA: You can file a formal complaint with the TEA if you believe the school district has violated your child's rights under the Individuals with Disabilities Education Act (IDEA) or Texas state law. The TEA will investigate your complaint and take appropriate action if necessary.
• Request a Due Process Hearing: You have the right to request a due process hearing to challenge the school district's decision to refuse an evaluation. A due process hearing is a formal legal proceeding in which an impartial hearing officer hears evidence and makes a decision regarding the dispute. You have the right to be represented by an attorney at the due process hearing.

Important Considerations: It is crucial to document all communication with the school district and to keep copies of all relevant documents, such as the written request for evaluation, the school's response, and any other information related to your child's educational needs. Seek legal advice from an attorney specializing in special education law if you are unsure of your rights or how to proceed.

After the Evaluation

Once the FIE is completed, the ARD committee will meet to discuss the results. You, as the parent, are a critical member of the ARD committee. The ARD committee will determine whether your child meets the eligibility criteria for special education services under Texas law and IDEA.

The ARD Meeting:

• Reviewing the Evaluation Results: The evaluation team will present the results of the FIE and explain their findings. You have the right to ask questions and seek clarification on any aspect of the evaluation.
• Determining Eligibility: The ARD committee will determine whether your child meets the eligibility criteria for one or more of the disability categories defined under IDEA and Texas law. These categories include autism, intellectual disability, specific learning disability, emotional disturbance, speech or language impairment, visual impairment, hearing impairment, orthopedic impairment, other health impairment, and traumatic brain injury.
• Developing an Individualized Education Program (IEP): If your child is found eligible for special education services, the ARD committee will develop an IEP. The IEP is a written plan that outlines your child's educational goals, the services they will receive, and the accommodations and modifications they will need to succeed in school.
• Placement Decisions: The ARD committee will also make decisions about your child's educational placement. Placement refers to the setting in which your child will receive special education services. The law requires that children with disabilities be educated in the least restrictive environment (LRE). This means that they should be educated with their non-disabled peers to the maximum extent appropriate.

What If You Disagree with the ARD Committee's Decisions?: If you disagree with the ARD committee's decisions regarding your child's eligibility, IEP, or placement, you have the right to pursue dispute resolution options, such as mediation or a due process hearing, as outlined previously. It is vital to remember that you are a crucial part of the ARD committee and your input is essential for creating an effective educational plan for your child.

Ongoing Review and Reevaluation: Your child's IEP will be reviewed at least annually to assess their progress and make any necessary adjustments to the plan. Your child will also be reevaluated at least every three years to determine whether they continue to be eligible for special education services. You can request a reevaluation at any time if you believe your child's needs have changed.

This guide provides a general overview of the process for requesting a special education evaluation in Garland ISD. It is essential to consult with legal professionals specializing in special education law for specific guidance related to your child's individual situation. Your advocacy and knowledge are critical to ensuring your child receives the appropriate support to thrive in their educational journey.