Requesting an Evaluation in Hays CISD

Requesting a Special Education Evaluation in Hays CISD: A Parent's Guide

This guide provides information for parents who suspect their child may have a disability and require special education services in Hays Consolidated Independent School District (CISD) in Texas. It outlines the process of requesting a special education evaluation, the timeline involved, what the evaluation should cover, the district's obligations, and what to do if your request is refused. This information is based on Texas law and regulations related to special education.

How to Submit a Written Request

The first step in initiating the special education evaluation process is to submit a written request to Hays CISD. This request should be clear, concise, and include specific information about your concerns regarding your child's educational performance and potential disability. A verbal request is not sufficient under Texas law; it *must* be in writing to trigger the district's obligations.

Here's what your written request should include:

• Child's Full Name and Date of Birth: Include your child's complete legal name and date of birth to ensure accurate identification.
• Child's School and Grade Level: Specify the school your child attends within Hays CISD and their current grade level.
• Your Name and Contact Information: Provide your full name, address, phone number, and email address so the district can easily contact you.
• Specific Concerns: This is the most crucial part of your request. Clearly describe your concerns about your child's academic, behavioral, social, or emotional development. Be specific. Instead of saying "my child is struggling," try "my child has difficulty reading aloud, often skipping words and mispronouncing others, and their reading comprehension is below grade level." Include examples whenever possible. Note specific instances of academic difficulties, behavioral challenges, or social-emotional struggles you have observed at home and/or have been reported by teachers.
• Reasons for Suspecting a Disability: Explain why you believe your child might have a disability that impacts their ability to learn. This could include observations about learning difficulties, delays in development, medical diagnoses (if applicable), information from previous evaluations (if any), or comparisons to peers. Don't hesitate to mention concerns even if you are unsure if they indicate a disability.
• Request for a Full and Individual Initial Evaluation (FIIE): Specifically state that you are requesting a Full and Individual Initial Evaluation to determine if your child is eligible for special education services under the Individuals with Disabilities Education Act (IDEA) and state law.
• Signature and Date: Sign and date the letter.

Submitting the Request: The best way to submit your written request is to send it via certified mail with return receipt requested. This provides proof that the school district received your request. You can also hand-deliver the request and obtain a signed and dated copy of your letter from a school official as proof of receipt. Address the letter to the school principal, the special education director, or the campus's Section 504 coordinator. It's a good idea to send a copy to all three.

Sample Request: (This is just a template; customize it to reflect your specific situation.)

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

[Date]

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

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

Dear [Principal's Name],

I am writing to request a Full and Individual Initial Evaluation (FIIE) for my child, [Child's Name], date of birth [Child's Date of Birth], who is currently in [Grade Level] at [School Name].

I am concerned about [Child's Name]'s [Specific area of concern, e.g., reading, math, behavior]. For example, [Child's Name] [Specific example, e.g., struggles to sound out simple words, frequently disrupts the class, has difficulty making and keeping friends]. I have observed [Specific observation at home, e.g., spends hours on homework each night, becomes easily frustrated when learning new concepts, avoids social situations].

I believe these challenges may indicate a disability that is impacting [Child's Name]'s ability to learn and access the general education curriculum. Therefore, I am requesting a comprehensive evaluation to determine if [Child's Name] is eligible for special education services.

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

Thank you for your time and consideration.

Sincerely,
[Your Signature]
[Your Typed 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. This timeline is crucial for ensuring timely access to evaluations and potential services.

The 45 School Day Clock: From the date the school district receives your written request, they have 45 *school* days to complete the evaluation, determine eligibility for special education services, and, if eligible, develop an Individualized Education Program (IEP). Note that this is *school* days, meaning weekends, holidays, and school breaks are not counted.

District Actions within the 45 Days: The district must take the following steps within the 45 school day timeline:

• Review Existing Data: The school must review any existing data on your child, including grades, attendance records, teacher observations, and previous evaluations.
• Obtain Parental Consent for Evaluation: The district *must* obtain your written consent before beginning the evaluation process. They will provide you with an "Notice of Procedural Safeguards" explaining your rights and the evaluation process. *Do not* agree to any evaluation without fully understanding its scope and purpose.
• Conduct the Evaluation: The district will conduct a comprehensive evaluation using a variety of assessment tools and strategies. This may include psychological testing, educational testing, speech and language assessments, occupational therapy assessments, and other assessments as needed.
• Eligibility Determination: Once the evaluation is complete, a team of qualified professionals, including you as the parent, will meet to determine if your child meets the criteria for a specific disability category under the Individuals with Disabilities Education Act (IDEA) and state law. They will also determine if, as a result of that disability, your child needs special education and related services.
• Develop an IEP (if eligible): If your child is found eligible for special education services, the ARD (Admission, Review, and Dismissal) committee, which includes you, will develop an Individualized Education Program (IEP). The IEP outlines your child's specific educational needs, goals, and the services they will receive to meet those goals.

Delays: The 45-day timeline can be extended only in limited circumstances. For example, if the parent repeatedly fails or refuses to produce the child for the evaluation. The school *must* document any reasons for a delay. Be proactive and communicate with the school if you anticipate any potential delays, such as scheduling conflicts.

What the FIE Must Cover

A Full and Individual Initial Evaluation (FIIE) is a comprehensive assessment designed to determine if a child has a disability that impacts their ability to learn and requires special education services. The FIE must cover all areas related to the suspected disability.

Key Areas to be Addressed in the FIE:

• Academic Performance: The evaluation must assess your child's academic skills in areas such as reading, writing, math, and other relevant subjects. This should include standardized testing as well as classroom-based assessments.
• Cognitive Abilities: The evaluation should include assessments of your child's cognitive abilities, such as intelligence, problem-solving skills, and processing speed. This often involves an IQ test administered by a licensed specialist in school psychology (LSSP) or psychologist.
• Communication Skills: If communication difficulties are suspected, the evaluation must include assessments of your child's speech, language, and communication skills. This should include receptive language (understanding), expressive language (speaking), articulation, and fluency.
• Motor Skills: If motor skill difficulties are suspected, the evaluation should include assessments of your child's gross motor skills (large movements) and fine motor skills (small movements). An occupational therapist often conducts this assessment.
• Social and Emotional Functioning: The evaluation should assess your child's social and emotional development, including their ability to interact with others, manage their emotions, and adapt to different situations. This may involve observations, interviews, and standardized questionnaires.
• Adaptive Behavior: This assesses a child's ability to function independently in daily life, including self-care skills, social skills, and practical living skills.
• Health and Medical History: The evaluation should consider your child's health and medical history, as relevant to their educational needs. Provide any relevant medical documentation, such as reports from doctors or therapists.

Parental Input: As a parent, you have the right to provide input into the evaluation process. Share your observations, concerns, and any information you believe is relevant to your child's evaluation. The ARD committee is legally obligated to consider parental input.

Independent Educational Evaluation (IEE): If you disagree with the results of the school district's evaluation, you have the right to request an Independent Educational Evaluation (IEE) at public expense, meaning the school district pays for it. You can request an IEE if you believe the district's evaluation was inadequate or inappropriate. The school district must either pay for the IEE or initiate a due process hearing to demonstrate that their evaluation was appropriate.

Child Find Obligations

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

What Child Find Means for You:

• Proactive Identification: Hays CISD is responsible for implementing procedures to identify children who may have disabilities, even if those children are not yet attending school or are homeschooled.
• Referral System: The district must have a system in place to receive and respond to referrals for evaluation from parents, teachers, doctors, or other concerned individuals.
• Public Awareness: Hays CISD must conduct public awareness activities to inform the community about the availability of special education services and the process for requesting an evaluation.
• No Cost to Parents: The Child Find mandate ensures that evaluations are provided at no cost to parents.

If You Suspect a Disability: If you suspect your child has a disability, even if they are not yet enrolled in school or are attending private school or being homeschooled, you have the right to request an evaluation from Hays CISD. The district cannot refuse to evaluate your child simply because they are not enrolled in public school.

What If They Refuse

If Hays CISD refuses to conduct an evaluation after you have submitted a written request, they *must* provide you with written notice explaining their reasons for refusing. This written notice is crucial because it triggers your rights to challenge the district's decision.

Possible Reasons for Refusal (and what to do):

• "Insufficient Evidence": The school district may argue that there is insufficient evidence to suggest your child has a disability. In this case, gather additional documentation to support your concerns. This might include reports from doctors, therapists, or tutors, as well as examples of your child's work. Resubmit your request with the additional documentation.
• "Already Receiving Services": The district might say your child is already receiving interventions that address their needs. However, if you believe these interventions are not sufficient or are not addressing the underlying disability, you still have the right to request an evaluation to determine if special education services are needed.
• Improper Refusal: Sometimes, the school simply makes a mistake or misunderstands the law. Regardless of the reason, they *must* provide a written explanation.

Your Rights and Options if Refused:

• Request a Due Process Hearing: You have the right to request a due process hearing to challenge the school district's refusal to evaluate your child. A due process hearing is a formal legal proceeding where you can present evidence and arguments to an impartial hearing officer. The hearing officer will then make a decision about whether the district should conduct an evaluation.
• File a Complaint with the Texas Education Agency (TEA): You can file a formal complaint with the Texas Education Agency (TEA) if you believe the school district has violated state or federal special education laws. TEA will investigate the complaint and take corrective action if necessary.
• Mediation: Mediation is a voluntary process where you and the school district work with a neutral third party to try to resolve the dispute. Mediation can be a less adversarial and more cost-effective way to reach an agreement.
• Legal Counsel: Consider seeking legal counsel from an attorney specializing in special education law. An attorney can provide you with advice and representation throughout the process.
• Document Everything: Keep meticulous records of all communication with the school district, including dates, times, and the content of conversations. This documentation will be essential if you need to pursue legal action.

After the Evaluation

Once the Full and Individual Initial Evaluation (FIIE) is completed, the Admission, Review, and Dismissal (ARD) committee will convene to discuss the results and determine your child's eligibility for special education services.

The ARD Committee Meeting: The ARD committee includes you (the parent), school administrators, teachers, evaluators, and other relevant professionals. The purpose of the meeting is to review the evaluation results, determine eligibility, and, if eligible, develop an Individualized Education Program (IEP).

Eligibility Determination: The ARD committee will determine if your child meets the criteria for a specific disability category under the Individuals with Disabilities Education Act (IDEA) and Texas state law. They will also determine if, as a result of that disability, your child needs special education and related services to benefit from their education.

If Your Child is Eligible: If the ARD committee determines that your child is eligible for special education services, they will develop an IEP. The IEP is a legally binding document that outlines your child's specific educational needs, goals, and the services they will receive to meet those goals. The IEP should include measurable annual goals, the special education and related services your child will receive, accommodations and modifications, and a plan for measuring progress.

If Your Child is Not Eligible: If the ARD committee determines that your child is not eligible for special education services, you have the right to disagree with the decision. You can request an Independent Educational Evaluation (IEE) at public expense, request mediation, or file a due process complaint. You can also explore other options, such as a Section 504 plan, which provides accommodations for students with disabilities who do not require special education services.

Understanding the IEP: The IEP is a critical document. Take the time to thoroughly understand it and ask questions if anything is unclear. Make sure the goals are specific, measurable, achievable, relevant, and time-bound (SMART goals). Ensure that the services listed in the IEP are appropriate for your child's needs. You have the right to request revisions to the IEP if you believe it is not meeting your child's needs.

Ongoing Monitoring and Review: The IEP should be reviewed at least annually, and more frequently if needed. Regularly monitor your child's progress and communicate with their teachers and service providers to ensure the IEP is being implemented effectively. You are a critical member of the ARD committee and have the right to participate in all decisions regarding your child's education.

This guide provides a general overview of the process for requesting a special education evaluation in Hays CISD. It is important to consult with legal professionals or advocacy groups for specific advice related to your individual situation. The Texas Education Agency (TEA) website also offers valuable information on special education laws and regulations.