Requesting an Evaluation in Humble ISD

Requesting a Special Education Evaluation in Humble ISD

How to Submit a Written Request

The first step in initiating the special education process in Humble ISD, or any Texas school district, is to submit a formal, written request for a full and individual initial evaluation (FIE). This request signals to the school that you, as the parent or legal guardian, have concerns about your child's academic, behavioral, or developmental progress and believe they may require special education services.

The request must be in writing. While you can hand-deliver it to the school, it's highly recommended that you send it via certified mail with return receipt requested. This provides you with proof that the school received your request and establishes the date the timeline begins. Keep a copy of the request for your records.

What should your written request include? Be clear and concise. It should contain the following:

• Your child's full name and date of birth.
• Your child's current grade level and teacher's name.
• Your current address and phone number.
• A clear statement that you are requesting a full and individual initial evaluation for special education services. Be explicit; don't leave room for interpretation. For example, "I am writing to formally request a full and individual initial evaluation for my child, [Child's Name], to determine if he/she is eligible for special education services under the Individuals with Disabilities Education Act (IDEA) and Texas state law."
• A detailed description of your concerns. This is arguably the most crucial part of your request. Don't just say your child is "struggling." Provide specific examples of the challenges your child is facing. This could include:
• Specific academic difficulties (e.g., reading comprehension significantly below grade level, difficulty with math calculations, inability to complete writing assignments).
• Behavioral concerns (e.g., frequent outbursts, difficulty following directions, inability to focus in class).
• Developmental delays (e.g., speech delays, motor skill difficulties, social skill deficits).
• Any interventions or support services your child has already received and the outcomes (e.g., tutoring, Response to Intervention (RTI), counseling).
• Any medical diagnoses or relevant medical history.
• Examples of work or observations that support your concerns.
• Your signature and the date.

Address the request to the appropriate school personnel. This is typically the school principal, special education director, or the school's 504 coordinator. If you're unsure, contact the school's front office for clarification.

While not mandatory, it can be helpful to include any relevant documentation, such as report cards, test scores, or previous evaluations. This provides the school with additional information to support your request.

Remember, the clearer and more detailed your request, the better. This helps the school understand your concerns and ensures they have a comprehensive understanding of your child's needs.

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, and understanding it is essential for advocating for your child.

The core of the timeline revolves around a 45-school-day window. This means days when school is in session, excluding holidays and breaks. The timeline starts the day the school district receives your written request, not the day you mail it. This is why certified mail with return receipt is so important.

Here's a breakdown of what typically occurs within those 45 school days:

1. Receipt of the Request (Day 0): The school district formally receives your written request for an FIE. This date is the starting point for the 45-day timeline.
2. Review of Existing Data: The school will review existing data on your child, including report cards, test scores, teacher observations, and any previous interventions or evaluations.
3. ARD Committee Meeting to Determine the Need for an Evaluation: An Admission, Review, and Dismissal (ARD) committee meeting must be held to determine if an evaluation is warranted. This meeting must occur within a reasonable timeframe after the school receives your request. The ARD committee, which includes you as the parent, will discuss your concerns and the existing data. The purpose is to decide whether there is a reasonable suspicion that your child has a disability and needs special education services.
4. If the ARD committee agrees to evaluate:
   • Notice and Consent for Evaluation: The school must provide you with written notice of its intent to evaluate your child. This notice will specify the areas of suspected disability and the evaluations that will be conducted. You must provide written consent for the evaluation before the school can proceed.
   • Conducting the Evaluation: Once you provide consent, the school must conduct the necessary evaluations within the 45-school-day timeline. These evaluations are designed to assess your child's strengths and weaknesses in areas related to the suspected disability.
   • Evaluation Report (FIE): The evaluation results are compiled into a comprehensive report called the Full and Individual Initial Evaluation (FIE).
5. ARD Committee Meeting to Discuss Evaluation Results and Eligibility: Another ARD committee meeting must be held to discuss the FIE results and determine if your child meets the eligibility criteria for special education services under Texas Education Code § 29.003 and related regulations. This meeting must occur within the 45-school-day timeline.
6. If the ARD committee determines your child is eligible:
   • Development of an Individualized Education Program (IEP): If your child is found eligible, the ARD committee will develop an Individualized Education Program (IEP) tailored to your child's specific needs. This IEP outlines the special education and related services your child will receive.

It is crucial to monitor the 45-school-day timeline. If you believe the school is not adhering to the timeline, document your concerns in writing and communicate them to the school principal and special education director. You have the right to request a resolution meeting to address any delays or concerns.

The 45-day timeline can be extended only under very specific circumstances, such as when the parent repeatedly fails or refuses to make the child available for the evaluation or if the child enrolls in a different school district after the evaluation process has begun. The school must provide you with written justification for any extension.

What the FIE Must Cover

The Full and Individual Initial Evaluation (FIE) is the cornerstone of the special education process. It's a comprehensive assessment designed to determine if your child has a disability and, if so, to identify the specific needs that must be addressed through special education and related services. Texas Education Agency (TEA) regulations outline the requirements for an FIE.

The FIE must be conducted by qualified professionals, such as educational diagnosticians, psychologists, speech-language pathologists, occupational therapists, and other specialists, depending on the areas of suspected disability. These professionals must use technically sound instruments and procedures to gather relevant information about your child's academic, developmental, and functional skills.

The FIE must cover all areas related to the suspected disability. This means the evaluation should be broad enough to identify all of your child's needs, even those that may not be immediately apparent. The specific areas to be evaluated will depend on your concerns and the information gathered during the initial review of existing data.

Here are some common areas that may be included in an FIE:

• Cognitive Abilities: Assesses your child's intellectual functioning, problem-solving skills, and learning potential. This is often assessed using standardized intelligence tests (IQ tests).
• Academic Achievement: Evaluates your child's skills in reading, writing, and math. This may involve standardized achievement tests, curriculum-based assessments, and teacher observations.
• Adaptive Behavior: Assesses your child's ability to function independently in everyday life, including self-care skills, social skills, and communication skills.
• Communication Skills: Evaluates your child's receptive and expressive language skills, including articulation, fluency, and language comprehension. This is typically conducted by a speech-language pathologist.
• Motor Skills: Assesses your child's gross motor skills (e.g., running, jumping) and fine motor skills (e.g., writing, buttoning). This may be conducted by an occupational therapist or physical therapist.
• Social-Emotional Functioning: Evaluates your child's emotional well-being, social skills, and behavior. This may involve observations, interviews, and standardized rating scales.
• Sensory Processing: Assesses how your child processes sensory information (e.g., touch, sound, sight). Sensory processing issues can significantly impact a child's ability to learn and function in the classroom.
• Medical Information: The FIE should consider any relevant medical information, including diagnoses, medications, and medical history.

The FIE report must include a clear and comprehensive summary of the evaluation results, including:

• A description of the evaluation procedures used.
• A summary of your child's strengths and weaknesses in each area evaluated.
• A determination of whether your child meets the eligibility criteria for special education services under Texas Education Code § 29.003.
• Specific recommendations for educational interventions and supports.

It is your right to receive a copy of the FIE report. Review it carefully and ask questions if anything is unclear. You have the right to disagree with the evaluation results and to obtain an Independent Educational Evaluation (IEE) at public expense under certain circumstances (more on this later).

Child Find Obligations

The "Child Find" mandate under the Individuals with Disabilities Education Act (IDEA) and Texas state law places a responsibility on school districts, including Humble ISD, to actively identify, locate, and evaluate all children with disabilities who reside within their boundaries, regardless of whether they are enrolled in public schools.

This means that Humble ISD has an obligation to seek out children who may be eligible for special education services, even if their parents haven't explicitly requested an evaluation. This obligation extends to children who are homeless, wards of the state, or attending private schools.

How does Humble ISD fulfill its Child Find obligations? They typically do this through:

• Public Awareness Campaigns: Disseminating information about special education services to parents, community organizations, and healthcare providers.
• Screening Programs: Conducting screenings to identify children who may be at risk for developmental delays or learning disabilities.
• Referral Systems: Establishing procedures for teachers, parents, and other professionals to refer children for evaluation.
• Monitoring Student Progress: Continuously monitoring student progress and identifying those who are not making adequate gains despite receiving general education interventions.

If you suspect that your child has a disability but hasn't been identified by the school, you have the right to request an evaluation, regardless of whether the school has initiated the process. The school cannot ignore your concerns or delay the evaluation process simply because they haven't independently identified your child.

If you believe Humble ISD is not fulfilling its Child Find obligations, you can file a complaint with the Texas Education Agency (TEA).

What If They Refuse

What happens if Humble ISD refuses to conduct a full and individual initial evaluation (FIE) after you've submitted a written request? While frustrating and disheartening, it's important to know your rights and the steps you can take to challenge the school's decision.

The school can only refuse to evaluate your child if they can demonstrate that there is no reasonable suspicion that your child has a disability and needs special education services. This is a high standard, and the school must have compelling evidence to support its decision. A simple assertion that your child is "doing fine" is not sufficient.

If the school refuses to evaluate, they must provide you with written notice explaining the reasons for the refusal. This notice must include:

• A description of the action the school proposed or refused to take.
• An explanation of why the school proposed or refused to take the action.
• A description of any other options that the school considered and the reasons why those options were rejected.
• A description of each evaluation procedure, test, record, or report the school used as a basis for the proposed or refused action.
• A description of any other factors that were relevant to the school's decision.
• A statement that you have the right to request mediation or file a due process complaint to challenge the school's decision.
• Information about how to obtain assistance in understanding your rights and the special education process.

If you disagree with the school's refusal, you have several options:

1. Request an ARD Committee Meeting: Request another ARD committee meeting to discuss your concerns and the school's reasons for refusing the evaluation. Present any additional information or documentation that supports your request.
2. Request Mediation: Mediation is a voluntary process in which a neutral third party helps you and the school district reach a mutually agreeable resolution. The TEA offers free mediation services to parents of children with disabilities.
3. File a Due Process Complaint: A due process complaint is a formal legal action that you can file with the TEA to challenge the school's decision. This initiates a hearing before an impartial hearing officer, who will make a binding decision based on the evidence presented. Due process hearings can be complex and often require legal representation. There are strict timelines for filing a due process complaint, so it's important to act quickly.
4. File a Complaint with the TEA: You can also file a complaint with the TEA alleging that the school district has violated state or federal special education law. The TEA will investigate your complaint and issue a determination.
5. Obtain an Independent Educational Evaluation (IEE): If the school refuses to evaluate, you have the right to obtain an Independent Educational Evaluation (IEE) at public expense if you disagree with the school's refusal and can demonstrate that the school's assessment was inappropriate. You must request this in writing. The school district then has to either pay for the IEE or request a due process hearing to show that its evaluation was appropriate.

It's important to document all communication with the school in writing. Keep copies of all letters, emails, and meeting minutes. Consider seeking legal advice from an attorney specializing in special education law. They can help you understand your rights and navigate the complex legal process.

After the Evaluation

Once the Full and Individual Initial Evaluation (FIE) is complete, the next step is to convene an Admission, Review, and Dismissal (ARD) committee meeting to discuss the evaluation results and determine your child's eligibility for special education services.

At this meeting, the ARD committee, which includes you as the parent, will review the FIE report, discuss your child's strengths and weaknesses, and determine if your child meets the eligibility criteria for one or more of the disability categories defined under Texas Education Code § 29.003 and related regulations. These categories include:

• Autism
• Deaf-Blindness
• Emotional Disturbance
• Hearing Impairment
• Intellectual Disability
• Multiple Disabilities
• Orthopedic Impairment
• Other Health Impairment
• Specific Learning Disability
• Speech or Language Impairment
• Traumatic Brain Injury
• Visual Impairment

To be eligible for special education services, your child must meet the eligibility criteria for one of these categories and require special education and related services to benefit from education. Simply having a disability is not enough; the disability must have an adverse impact on your child's educational performance.

If the ARD committee determines that your child is not eligible for special education services, the school district must provide you with written notice explaining the reasons for the decision. You have the right to disagree with the ARD committee's decision and to pursue the same dispute resolution options outlined earlier (mediation, due process complaint, complaint with the TEA, IEE).

If the ARD committee determines that your child is eligible for special education services, the next step is to develop an Individualized Education Program (IEP). The IEP is a written document that outlines your child's specific educational needs, goals, and the special education and related services they will receive to meet those goals.

The IEP must include:

• A statement of your child's present levels of academic achievement and functional performance.
• Measurable annual goals for your child.
• A description of the special education and related services your child will receive.
• A statement of the program modifications or supports for school personnel that will be provided for your child.
• An explanation of the extent, if any, to which your child will not participate with nondisabled children in the regular class and in extracurricular and other nonacademic activities.
• The projected date for the beginning of the services and modifications and the anticipated frequency, location, and duration of those services and modifications.
• How your child's progress toward meeting the annual goals will be measured and when periodic reports on the progress your child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided.

You are an integral part of the IEP team. Your input is crucial in developing an IEP that meets your child's unique needs. Don't hesitate to ask questions, express your concerns, and advocate for what you believe is best for your child.

The IEP must be reviewed and revised at least annually, or more frequently if needed. You have the right to request an ARD committee meeting at any time to review or revise the IEP.

Remember, the special education process is designed to provide children with disabilities the opportunity to receive a free and appropriate public education (FAPE). By understanding your rights and actively participating in the process, you can ensure that your child receives the support and services they need to succeed.