Requesting an Evaluation in Houston ISD

Requesting a Special Education Evaluation in Houston ISD

Navigating the special education process can be daunting, especially when you believe your child needs extra support. This guide provides a comprehensive overview of requesting a special education evaluation in Houston ISD (HISD), focusing on Texas-specific laws and procedures. This guide covers submitting a written request, understanding the 45-school-day timeline, knowing what the Full and Individual Evaluation (FIE) should cover, HISD's Child Find obligations, what to do if your request is refused, and what to expect after the evaluation.

How to Submit a Written Request

The process begins with a formal, written request for a Full and Individual Evaluation (FIE). This request should be directed to the appropriate school personnel. In most cases, this will be your child's teacher, the principal, or the school's special education contact person. It is crucial to keep a copy of the request for your records, along with proof of delivery (such as a delivery confirmation if you send it certified mail or a signed receipt if you hand-deliver it).

The written request should include the following key elements:

• Date: Clearly state the date of the request.
• Child's Full Name and Date of Birth: Ensure accuracy to avoid any confusion.
• Child's Grade Level and Current School: Specify the grade and school your child attends.
• Your Contact Information: Include your name, address, phone number, and email address.
• A Clear Statement Requesting an Evaluation: State explicitly that you are requesting a Full and Individual Evaluation (FIE) for special education eligibility. Use phrases like "I am formally requesting a Full and Individual Evaluation" or "We are requesting an FIE to determine if [Child's Name] is eligible for special education services."
• Specific Concerns and Observations: Detail your specific concerns about your child's academic, behavioral, or developmental progress. Be as specific as possible and provide examples. For instance, instead of saying "My child is struggling in reading," say "My child has difficulty sounding out words, often confuses 'b' and 'd,' and struggles to comprehend what they read, as evidenced by their consistently low scores on reading comprehension quizzes."
• Any Supporting Documentation (If Available): Include any relevant information that supports your concerns, such as report cards, previous evaluations (private or medical), teacher communications, medical diagnoses, or standardized test results. While not mandatory at this stage, providing this information can help expedite the evaluation process.
• Specific Areas of Concern for Evaluation: If you suspect a specific area of disability (e.g., dyslexia, ADHD, autism), mention it in your request. This helps the evaluation team focus their assessment. For example, "We are particularly concerned about the possibility of dyslexia due to [Child's Name]'s difficulty with phonological awareness and reading fluency."

Example Request Language:

"To Whom It May Concern,

I am writing to request a Full and Individual Evaluation (FIE) for my child, [Child's Full Name], born on [Date of Birth]. [Child's Name] is currently in [Grade Level] at [School Name]. I am concerned about [Child's Name]'s progress in [Specific Subject/Area]. For example, [Child's Name] is having difficulty [Specific Difficulty, e.g., with reading comprehension, completing math problems, following directions, etc.]. [Provide Specific Examples and Observations]. I believe an FIE is necessary to determine if [Child's Name] is eligible for special education services under the Individuals with Disabilities Education Act (IDEA) and Texas state law.

I am particularly concerned about [mention specific area of concern, e.g., potential learning disability, ADHD, etc.] due to [mention specific reasons and observations]. I have attached [mention any attached documents, e.g., report cards, previous evaluations, etc.] for your review. 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 Name]"

The 45 School Day Timeline

Texas law mandates a specific timeline for the special education evaluation process. Once HISD receives your written request for an FIE, the district has a maximum of 45 school days to complete the evaluation and determine your child's eligibility for special education services. This timeline is crucial, and it's important to track the days carefully. School days are defined as days when students are scheduled to attend school; weekends, holidays, and summer breaks are not counted.

The 45-school-day timeline includes the following key steps:

• Obtaining Parental Consent for Evaluation: The school district must obtain your informed, written consent before initiating the evaluation. They should provide you with a document outlining the proposed assessments and explaining your rights. The 45-day timeline begins when the school district receives your written consent for the evaluation, NOT when they receive your initial request for evaluation.
• Conducting the Full and Individual Evaluation (FIE): The evaluation team, comprised of qualified professionals, will conduct various assessments to evaluate your child's strengths and weaknesses in all areas of suspected disability.
• Eligibility Determination: After the evaluation is complete, the ARD (Admission, Review, and Dismissal) committee, which includes you as a parent, will meet to review the evaluation results and determine if your child meets the eligibility criteria for special education services under Texas Education Code (TEC) and the Individuals with Disabilities Education Act (IDEA).

It's important to note that the 45-school-day timeline is a maximum timeframe. The evaluation process can sometimes be completed sooner. Document all communication with the school district and keep track of the dates of each step in the process. If the district anticipates needing more than 45 school days, they must provide you with a written explanation and request your consent for an extension. You have the right to refuse this extension.

What the FIE Must Cover

The Full and Individual Evaluation (FIE) is a comprehensive assessment designed to gather information about your child's strengths, weaknesses, and educational needs. The FIE must cover all areas related to the suspected disability, as outlined in your initial request and based on the school's own observations.

At a minimum, the FIE should include:

• Educational Assessment: This assesses your child's academic skills, such as reading, writing, math, and overall academic performance. This may include standardized achievement tests, curriculum-based assessments, and teacher observations.
• Cognitive Assessment: This evaluates your child's intellectual abilities, including verbal reasoning, nonverbal reasoning, working memory, and processing speed. This typically involves standardized intelligence tests, such as the Wechsler Intelligence Scale for Children (WISC).
• Developmental Assessment: If the child is younger or developmental delays are suspected, this assesses developmental milestones in areas such as communication, motor skills, and adaptive behavior.
• Behavioral Assessment: This assesses your child's behavior in the school setting, including attention, impulsivity, social skills, and emotional regulation. This may involve observations, behavior rating scales completed by teachers and parents, and functional behavior assessments (FBAs).
• Speech and Language Assessment: This assesses your child's communication skills, including articulation, fluency, voice, receptive language (understanding language), and expressive language (using language).
• Motor Skills Assessment: This assesses your child's gross motor skills (e.g., running, jumping) and fine motor skills (e.g., writing, buttoning).
• Social and Emotional Assessment: This assesses your child's social skills, emotional well-being, and ability to interact with others.
• Health Assessment: The school may request or review relevant medical information from your child's doctor. This is especially important if there are any known medical conditions that could affect your child's learning or behavior.
• Observation in the Classroom: The evaluation team should observe your child in their classroom setting to assess their behavior and performance in a natural environment.
• Parent Input: The evaluation team must consider your input and perspectives regarding your child's strengths, weaknesses, and needs. You have the right to provide information and participate in the evaluation process.

The specific assessments included in the FIE will vary depending on your child's individual needs and the areas of concern. You have the right to request specific assessments or areas of evaluation if you believe they are necessary to fully understand your child's needs. The FIE must be conducted by qualified professionals, such as educational diagnosticians, school psychologists, speech-language pathologists, and occupational therapists.

Child Find Obligations

Under the Individuals with Disabilities Education Act (IDEA) and Texas state law, HISD has a legal obligation known as "Child Find." This means that the district must actively identify, locate, and evaluate all children within its jurisdiction who may have a disability and are in need of special education and related services, regardless of whether they are enrolled in public school, private school, or are homeschooled.

HISD's Child Find responsibilities include:

• Public Awareness: Conducting public awareness campaigns to inform parents and the community about special education services and how to access them.
• Screening and Referral: Implementing screening procedures to identify children who may be at risk for disabilities. Responding to referrals from parents, teachers, doctors, and other professionals who suspect a child may have a disability.
• Evaluation: Conducting timely and comprehensive evaluations of children who are suspected of having a disability.
• Providing Services: Providing appropriate special education and related services to eligible children with disabilities.

If you suspect that your child has a disability and is not receiving the necessary support, HISD has a legal duty to investigate and determine whether your child is eligible for special education services. You can initiate the Child Find process by contacting your child's school or the HISD special education department and expressing your concerns. It is important to document all communication and keep records of any interactions with the district regarding Child Find.

What If They Refuse

HISD may refuse to conduct a Full and Individual Evaluation (FIE) if they believe there is insufficient evidence to suggest that your child has a disability that adversely affects their educational performance. However, the district must provide you with a written explanation of their refusal, known as a Prior Written Notice (PWN). The PWN must include:

• A description of the action proposed or refused by the agency.
• 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 parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not 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 agency considered and the reasons why those options were rejected.
• A description of the factors that are relevant to the agency's proposal or refusal.

If you disagree with HISD's decision to refuse an evaluation, you have several options:

• Request a Meeting: Schedule a meeting with the school to discuss your concerns and provide additional information that supports your request for an evaluation. You can bring documentation, examples of your child's work, and any relevant medical or educational reports.
• 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 or refusal to evaluate. An IEE is an evaluation conducted by a qualified professional who is not employed by HISD. You must request the IEE in writing and explain why you disagree with the district's decision. If HISD believes their evaluation was appropriate, they can either pay for the IEE or request a due process hearing to defend their evaluation. If the hearing officer rules in favor of HISD, you can still obtain an IEE, but you will have to pay for it yourself. However, the results of any IEE, whether publicly or privately funded, must be considered by the ARD committee.
• Mediation: Request mediation through the Texas Education Agency (TEA). Mediation is a voluntary process where a neutral third party helps you and HISD reach a mutually agreeable resolution.
• Due Process Hearing: File a formal complaint and request a due process hearing with the TEA. A due process hearing is a formal legal proceeding where an impartial hearing officer hears evidence from both sides and makes a decision regarding the dispute. You have the right to legal representation at a due process hearing.

It is highly recommended to seek legal advice from a special education attorney or advocate if you are considering pursuing mediation or a due process hearing. These processes can be complex and require a thorough understanding of special education law.

After the Evaluation

Once the Full and Individual Evaluation (FIE) is complete, the ARD (Admission, Review, and Dismissal) committee will meet to review the results and determine if your child meets the eligibility criteria for special education services. The ARD committee includes you as a parent, a representative from the school district (usually an administrator), your child's teachers, and other relevant professionals who participated in the evaluation.

At the ARD meeting, the committee will discuss the following:

• Evaluation Results: The evaluation team will present the findings of the FIE, including your child's strengths, weaknesses, and areas of need.
• Eligibility Determination: The committee will determine whether your child meets the eligibility criteria for special education services under one of the specific disability categories defined by the Individuals with Disabilities Education Act (IDEA) and Texas state law. These categories include specific learning disability, autism, intellectual disability, emotional disturbance, speech or language impairment, and others.
• Individualized Education Program (IEP) Development: If your child is found eligible for special education services, the ARD committee will develop an Individualized Education Program (IEP). The IEP is a legally binding document that outlines your child's educational goals, the specific services and supports they will receive, and how their progress will be measured.
• Placement Decisions: The ARD committee will determine the most appropriate educational placement for your child. This could include a general education classroom with supports and accommodations, a resource room, or a self-contained special education classroom. The law requires that students with disabilities be educated in the least restrictive environment (LRE), meaning they should be educated with their non-disabled peers to the maximum extent appropriate.

You are an integral member of the ARD committee, and your input is crucial in developing an IEP that meets your child's individual needs. You have the right to participate fully in all ARD meetings, ask questions, and express your opinions. If you disagree with any aspect of the IEP, you have the right to request changes or file a complaint with the TEA. You also have the right to request a copy of the ARD committee meeting minutes.

The IEP is a living document that should be reviewed and updated at least annually. You can request an ARD meeting at any time if you have concerns about your child's progress or the effectiveness of their IEP. Remember to document all communication with the school district and keep records of all ARD meetings and IEPs.