Requesting an Evaluation in Katy ISD
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⚡ Quick Answer
How long does Texas have to complete an evaluation?
Once a written evaluation request is received, the district must complete the Full Individual Evaluation (FIE) and hold an ARD meeting within 45 school days. This timeline is strictly enforced by the Texas Education Agency (TEA). Verbal requests do not start the clock — always submit in writing and keep a copy.
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Requesting a Special Education Evaluation in Katy ISD
This guide provides parents and guardians with information about requesting a special education evaluation for their child within the Katy Independent School District (Katy ISD) in Texas. Understanding the process, legal rights, and timelines is crucial to advocating for your child's educational needs. This guide specifically addresses the laws and procedures relevant to special education in Texas.
How to Submit a Written Request
The first step in initiating the special education evaluation process is to submit a written request to Katy ISD. This written request serves as official notification that you believe your child may have a disability that is affecting their educational performance and requires special education services.
Who to Address the Request To: While you can address the request to multiple individuals to ensure it is received promptly, it's best to address it primarily to the school principal and the school's special education director or 504 coordinator. You can also copy your child's teacher on the request.
Content of the Written Request: The written request should be clear, concise, and include the following information:
- Your Child's Full Name and Date of Birth: This is essential for proper identification.
- Your Child's School and Grade Level: This helps the school locate your child's records quickly.
- Your Contact Information: Include your phone number and email address for easy communication.
- A Clear Statement Requesting a Full and Individual Initial Evaluation (FIIE): Be explicit that you are requesting an evaluation for special education services. Do not just ask for "testing."
- A Description of Your Concerns: Detail the specific academic, behavioral, social, or emotional difficulties your child is experiencing. Provide specific examples of how these difficulties impact their learning in the classroom. Consider mentioning specific assignments, tests, or classroom observations that support your concerns.
- Any Supporting Documentation: Include copies of relevant documents such as medical records, previous evaluations (private or school-based), report cards, teacher communications, and work samples that demonstrate your child's struggles.
- Signature and Date: This authenticates the request.
Example Request:
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Principal's Name], Principal
[School Name]
[School Address]
Subject: Request for Full and Individual Initial Evaluation for [Child's Full Name]
Dear Principal [Principal's Last Name],
I am writing to request a Full and Individual Initial Evaluation (FIIE) for my child, [Child's Full Name], who is currently in [Grade Level] at [School Name]. [Child's Full Name]'s date of birth is [Date of Birth].
I am concerned about [Child's Full Name]'s progress in [Specific Subject(s) or Area(s) of Concern, e.g., reading comprehension, math calculations, following directions, social interaction]. For example, [Provide Specific Examples, e.g., "[Child's Name] struggles to decode multi-syllable words, resulting in difficulty comprehending reading passages. On the recent reading test, [he/she] scored a 60%. In math, [he/she] frequently reverses numbers and struggles with word problems." or "[Child's Name] has difficulty staying on task and often distracts other students. The teacher has reported frequent outbursts and difficulty following classroom rules."]. These challenges are significantly impacting [his/her] ability to succeed academically.
I am including copies of [List Included Documents, e.g., recent report card, private psychologist's report, teacher emails].
Thank you for your prompt attention to this matter. I look forward to hearing from you soon to discuss the next steps in the evaluation process.
Sincerely,
[Your Signature]
[Your Typed Name]
How to Submit the Request: It is crucial to maintain proof of submission. Send the written request via certified mail with return receipt requested. This provides you with documented confirmation that the school received your request. You can also hand-deliver the request to the school and obtain a signed and dated receipt from a school official as proof of delivery. Keep a copy of the request and all supporting documentation for your records.
The 45 School Day Timeline
Texas Education Code (TEC) §29.004 mandates a specific timeline that Katy ISD must adhere to once they receive your written request for an FIIE. The 45-school-day timeline is a critical component of the special education process. It starts the day the school district receives your written request. It is vital to track this timeline yourself to ensure the district complies with its legal obligations.
Key Milestones Within the 45 School Day Timeline:
- Review of Existing Data (RED): Within a reasonable timeframe, the school district must conduct a Review of Existing Data (RED). This involves reviewing your child's existing records, including academic performance, attendance records, disciplinary records, and any previous evaluations (both school-based and private). The ARD (Admission, Review, and Dismissal) committee, including you, will participate in the RED.
- Decision Regarding Evaluation: Following the RED, the ARD committee, which includes the parent, must decide whether or not to conduct a full and individual initial evaluation. If the committee suspects a disability based on the review of existing data, an evaluation must be conducted.
- Obtaining Parental Consent for Evaluation: If the ARD committee decides to proceed with an evaluation, the district must obtain your written consent before beginning the evaluation process. The district must provide you with prior written notice explaining the proposed evaluation procedures and your rights.
- Conducting the Evaluation: Once you provide consent, the school district has the remaining time within the 45-school-day timeline to complete the evaluation. This includes conducting assessments in all areas related to the suspected disability.
- ARD Meeting to Review Evaluation Results: After the evaluation is complete, the ARD committee must meet to review the evaluation results and determine if your child meets the eligibility criteria for special education services. You, as the parent, are a crucial member of this ARD committee. This meeting must occur within the 45-school-day timeline.
What Counts as a School Day? A school day is defined as a day when students are in attendance for instructional purposes. Weekends, holidays, and school breaks are not counted as school days.
What to Do If the Timeline Is Not Met: If Katy ISD fails to meet the 45-school-day timeline, it is a violation of federal and state law. Document the delays in writing. You have several options, including:
- Contacting the school principal and special education director: Communicate your concerns in writing and request immediate action to complete the evaluation.
- Filing a complaint with the Texas Education Agency (TEA): You can file a formal complaint with TEA alleging that the district violated the 45-day timeline. Information on how to file a complaint can be found on the TEA website.
- Seeking legal advice: Consider consulting with an attorney specializing in special education law to discuss your legal options.
What the FIE Must Cover
The Full and Individual Initial Evaluation (FIIE) is a comprehensive assessment designed to determine if a child has a disability and, if so, what special education and related services are needed to address their individual needs. The evaluation must be conducted by qualified professionals and must be comprehensive enough to identify all of the child's special education and related service needs, regardless of whether those needs are commonly linked to the child's disability category. The FIE should never be limited to simply confirming a pre-conceived diagnosis.
Areas to be Evaluated: The specific areas evaluated will depend on the child's suspected disability and the areas of concern you raised in your initial request. However, a comprehensive FIIE should typically cover the following areas:
- Academic Achievement: This includes assessments in reading, writing, math, and other academic areas.
- Cognitive Abilities: This assesses a child's intellectual functioning, including problem-solving, reasoning, and memory.
- Language Skills: This evaluates a child's receptive and expressive language abilities.
- Speech and Communication Skills: This assesses articulation, fluency, and voice.
- Motor Skills: This includes fine motor and gross motor skills.
- Social-Emotional Functioning: This assesses a child's emotional and behavioral development, including social skills, self-regulation, and mental health.
- Adaptive Behavior: This evaluates a child's ability to function independently in daily life, including self-care, communication, and social skills.
- Sensory Processing: This assesses how a child processes and responds to sensory information.
- Assistive Technology Needs: The evaluation should consider whether the child requires assistive technology to access the curriculum.
Evaluation Methods: The FIIE should utilize a variety of assessment methods, including:
- Standardized Tests: These are formal assessments that are administered and scored according to specific procedures.
- Observations: This involves observing the child in various settings, such as the classroom, playground, and home.
- Interviews: This includes interviewing the child, parents, teachers, and other relevant professionals.
- Review of Records: This involves reviewing the child's academic records, medical records, and other relevant documents.
- Work Samples: Reviewing samples of the child's work.
Parental Input: Your input is crucial to the FIIE. The evaluation team must consider your observations, concerns, and information about your child's developmental history, medical history, and home environment. Make sure you actively participate in the evaluation process and provide the evaluation team with all relevant information.
Child Find Obligations
The "Child Find" mandate is a critical component of the Individuals with Disabilities Education Act (IDEA). It requires all school districts, including Katy ISD, to actively identify, locate, and evaluate all children with disabilities who reside within their jurisdiction, regardless of whether they are enrolled in public schools. This includes children who are homeschooled, attend private schools, or are suspected of having a disability but are not yet identified.
Katy ISD's Responsibilities Under Child Find:
- Public Awareness: Katy ISD must engage in public awareness activities to inform parents and the community about the availability of special education services for children with disabilities. This may include distributing information through school newsletters, websites, community events, and partnerships with local organizations.
- Screening and Referral: Katy ISD must have procedures in place for screening and referring children who are suspected of having a disability. This may include reviewing student records, conducting classroom observations, and consulting with teachers and parents.
- Evaluation: If a child is suspected of having a disability, Katy ISD must conduct a Full and Individual Initial Evaluation (FIIE) to determine if the child meets the eligibility criteria for special education services.
What to Do If You Suspect Your Child Has a Disability: Even if your child is not struggling academically, or attends a private school, if you suspect they have a disability that may require special education services, you have the right to request an evaluation from Katy ISD under the Child Find mandate. Follow the instructions outlined above regarding submitting a written request for an FIIE.
What If They Refuse
Katy ISD may refuse to conduct an FIIE if they determine that there is no reasonable suspicion that your child has a disability that requires special education services. This decision must be based on the Review of Existing Data (RED). However, you have the right to challenge this decision.
Your Options When the District Refuses to Evaluate:
- Request a Written Explanation: Demand a written explanation of why the district is refusing to conduct an evaluation. This explanation must include the reasons for the refusal, the data considered in making the decision, and information about your rights to appeal the decision.
- Request Mediation: You can request mediation with the district to attempt to resolve the dispute informally. Mediation involves a neutral third party who helps facilitate communication and negotiation between you and the district.
- File a Due Process Complaint: You have the right to file a due process complaint with the Texas Education Agency (TEA) challenging the district's refusal to evaluate. A due process hearing is a formal legal proceeding where an impartial hearing officer will review the evidence and make a decision.
- File a Complaint with the TEA: You can file a complaint with the Texas Education Agency (TEA) alleging that the district violated the law by refusing to conduct an evaluation.
- Obtain an 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. If the district believes their evaluation was appropriate, they can request a due process hearing to defend their evaluation. If the hearing officer determines the district's evaluation was appropriate, you still have the right to use the IEE, but at your own expense. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. You must request an IEE in writing.
- Seek Legal Advice: Consider consulting with an attorney specializing in special education law to discuss your legal options.
After the Evaluation
After the FIIE is completed, the ARD committee will meet to review the evaluation results and determine if your child meets the eligibility criteria for special education services under one of the 13 disability categories defined by the Individuals with Disabilities Education Act (IDEA). These categories include:
- Specific Learning Disability
- Speech or Language Impairment
- Intellectual Disability
- Emotional Disturbance
- Autism
- Other Health Impairment
- Visual Impairment
- Hearing Impairment
- Deafness
- Deaf-Blindness
- Orthopedic Impairment
- Traumatic Brain Injury
- Multiple Disabilities
ARD Committee Meeting: You, as the parent, are an integral part of the ARD committee. The ARD committee meeting is where the evaluation results are discussed, eligibility is determined, and if eligible, an Individualized Education Program (IEP) is developed.
Developing the IEP: If your child is found eligible for special education services, the ARD committee will develop an IEP. The IEP is a legally binding document that outlines your child's individual educational needs, goals, and the specific services and supports that will be provided to help them succeed. The IEP must include:
- Present Levels of Academic Achievement and Functional Performance (PLAAFP): This describes your child's current strengths and weaknesses in academic and functional areas.
- Measurable Annual Goals: These are specific, measurable, achievable, relevant, and time-bound (SMART) goals that your child is expected to achieve within one year.
- Special Education and Related Services: This includes the specific services and supports that will be provided to your child, such as specialized instruction, speech therapy, occupational therapy, counseling, and assistive technology.
- Placement: This refers to the setting where your child will receive special education services. The IEP must state the extent to which your child will participate with nondisabled children in the regular education classroom.
- Accommodations and Modifications: This includes any accommodations or modifications that will be provided to your child to help them access the curriculum and demonstrate their learning.
- Progress Monitoring: The IEP must describe how your child's progress toward their annual goals will be measured and reported to you.
Reviewing the IEP: The ARD committee must meet at least once per year to review and revise the IEP. You have the right to request an ARD meeting at any time if you have concerns about your child's IEP. Remember, you are an active participant in the process and have the right to advocate for your child's needs.
Remember to keep detailed records of all communication with Katy ISD, including dates, times, and the content of conversations. This documentation will be valuable if you need to advocate for your child's rights or file a complaint. Seeking support from advocacy groups or legal professionals can also be beneficial in navigating the special education process.
Frequently Asked Questions
Answers every parent in Texas needs to know.
How do I request a special education evaluation in Texas? +
Submit a written request directly to the school's principal or special education director. The written request starts the mandatory 45 school-day clock. Keep a dated copy for your records.
What is a Full Individual Evaluation (FIE) in Texas? +
A Full Individual Evaluation (FIE) is a comprehensive assessment the school must complete to determine if your child has a disability and needs special education services. It must cover all areas of suspected disability and be completed within 45 school days of your written consent.
Can a Texas school refuse to evaluate my child? +
Yes, but only if the district provides written notice (Prior Written Notice) explaining why they are refusing and what data they relied on. You have the right to challenge that refusal through mediation or a due process hearing.
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