Requesting an Evaluation in Lamar CISD

Requesting a Special Education Evaluation in Lamar CISD

How to Submit a Written Request

The first and most crucial step in initiating the special education process is submitting a formal, written request for a Full and Individual Evaluation (FIE) to Lamar CISD. This request serves as the starting point for the legally mandated timelines and procedures. It is vital to understand that a verbal request, while potentially helpful in opening a dialogue, does not trigger the district's legal obligations under the Individuals with Disabilities Education Act (IDEA) and Texas state law.

Your written request should be addressed to the appropriate school official. This is typically the principal of your child's school, the school's special education director, or the campus 504 coordinator. It's best practice to send copies to all three to ensure the request is properly received and processed. You can find contact information for these individuals on the school's website or by contacting the school's front office.

The request itself needs to be clear, concise, and specific. Here's a breakdown of what it should include:

• Your Child's Full Name and Date of Birth: Ensure accuracy to avoid any confusion.
• Your Child's School and Grade Level: Provide the relevant information for identification.
• Your Contact Information: Include your phone number, email address, and mailing address so the school can easily reach you.
• A Clear Statement Requesting an FIE: Use explicit language, such as "I am formally requesting a Full and Individual Evaluation for [child's name] to determine if he/she is eligible for special education services under the Individuals with Disabilities Education Act (IDEA)."
• A Summary of Your Concerns: This is the most important part of the request. Clearly articulate your concerns about your child's academic, behavioral, or developmental progress. Provide specific examples. Avoid generalizations like "He's struggling in school." Instead, provide concrete examples: "He consistently scores below grade level on reading comprehension tests," "He has difficulty focusing in class and often disrupts the learning environment," or "He has delayed speech development compared to his peers."
• Supporting Documentation (Optional but Recommended): Include any relevant documentation that supports your concerns, such as copies of report cards, standardized test scores, teacher observations, medical diagnoses, or previous evaluations. This strengthens your request and provides the school with valuable information.
• A Request for a Copy of the Procedural Safeguards: This document outlines your rights and responsibilities under IDEA. The school district is required to provide this to you upon request.
• Date and Signature: Ensure the request is dated and signed by a parent or legal guardian.

After writing the request, make at least two copies for your records. Send the original request via certified mail with return receipt requested. This provides proof that the school received your request. Keep the return receipt and a copy of the request in a safe place.

Example of a simple request:

Date: October 26, 2023

To: [Principal's Name], Principal, [School Name]
CC: [Special Education Director's Name], Special Education Director, Lamar CISD
CC: [504 Coordinator's Name], 504 Coordinator, [School Name]

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

Dear [Principal's Name],

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

I am concerned about [Child's Name]'s academic progress in reading. He consistently scores below grade level on reading comprehension assessments and struggles to decode unfamiliar words. He also seems frustrated and avoids reading activities.

I have attached copies of his recent report card and a reading assessment as supporting documentation.

I also request a copy of the Procedural Safeguards under IDEA.

Thank you for your time and consideration. I look forward to hearing from you soon.

Sincerely,
[Your Name]
[Your Phone Number]
[Your Email Address]
[Your Mailing Address]

The 45 School Day Timeline

Upon receiving your written request for an FIE, Lamar CISD is legally obligated to adhere to a strict timeline as defined by the Individuals with Disabilities Education Act (IDEA) and Texas state special education laws. This timeline is crucial because it ensures a timely evaluation process and prevents unnecessary delays in determining your child's eligibility for special education services.

The 45-school-day timeline begins on the date the school district receives your written request. Remember, sending the request is not enough; the district must actually receive it. This is why certified mail with return receipt is highly recommended.

The 45-school-day timeline covers the following key activities:

• Review of Existing Data (ROD): Within a reasonable timeframe, the school must convene a committee, typically including teachers, administrators, and potentially specialists, to review existing data on your child. This data may include report cards, standardized test scores, teacher observations, medical records, and any information you provide.
• Decision to Evaluate or Not: Based on the review of existing data, the committee must decide whether or not to conduct a full and individual evaluation (FIE). If the committee determines that an evaluation is not warranted, they must provide you with written notice explaining the reasons for their decision and informing you of your right to appeal. This is discussed in a later section.
• If Evaluation is Agreed Upon: If the committee decides to proceed with an evaluation, they must obtain your written consent. The school district must provide you with an Assessment Plan outlining the specific areas to be evaluated and the types of assessments that will be used. You have the right to review this plan and ask questions before providing consent. You must provide informed consent before the district begins the evaluation process. The 45-day timeline is paused from the date the district provides the Assessment Plan to the date you provide consent.
• Conducting the Evaluation: Once you provide consent, the school district must conduct the FIE within the remaining portion of the 45-school-day timeline. The evaluation must be comprehensive and cover all areas of suspected disability.
• Developing the Evaluation Report: After the evaluation is complete, the school district must prepare a comprehensive evaluation report summarizing the findings. This report must be provided to you before the Admission, Review, and Dismissal (ARD) committee meeting.
• ARD Committee Meeting: The school district must convene an ARD committee meeting to discuss the evaluation results, determine your child's eligibility for special education services, and, if eligible, develop an Individualized Education Program (IEP). This meeting must occur within the 45-school-day timeline.

It's important to understand that "school days" refer to days when students are in attendance. Weekends, holidays, and school breaks are not counted towards the 45-day timeline.

Document everything and keep detailed records of all communication with the school district, including dates, times, and the names of individuals you spoke with. This documentation can be invaluable if there are any disputes regarding the timeline or the evaluation process.

What the FIE Must Cover

The Full and Individual Evaluation (FIE) is a cornerstone of the special education process. It is a comprehensive assessment of your child's strengths and weaknesses, designed to determine if they have a disability that requires special education services. The FIE must adhere to specific legal requirements under IDEA and Texas law, ensuring it is thorough, unbiased, and provides a complete picture of your child's needs.

The FIE must cover all areas of suspected disability. This means that the evaluation should not be limited to only the areas you initially raised concerns about in your request. The evaluation team must consider all relevant areas, even if they were not initially identified. Common areas of evaluation include:

• Cognitive Functioning: Assesses intellectual abilities, problem-solving skills, and reasoning abilities.
• Academic Achievement: Evaluates performance in reading, writing, mathematics, and other academic subjects.
• Language and Communication Skills: Assesses receptive and expressive language abilities, articulation, fluency, and social communication skills.
• Motor Skills: Evaluates gross motor skills (e.g., running, jumping) and fine motor skills (e.g., writing, buttoning).
• Adaptive Behavior: Assesses the ability to function independently in everyday life, including self-care, social skills, and daily living skills.
• Social and Emotional Functioning: Evaluates emotional well-being, social interactions, and behavior.
• Sensory Processing: Assesses how the child processes sensory information from the environment.
• Health and Medical History: Reviews relevant medical information that may impact learning.

The FIE must use a variety of assessment tools and techniques. No single assessment should be used as the sole basis for determining eligibility for special education services. The evaluation team should use a combination of:

• Standardized Tests: These are formal assessments that compare a child's performance to that of other children of the same age.
• Observations: The evaluation team should observe the child in various settings, such as the classroom, playground, and home, to assess their behavior and performance in natural environments.
• Interviews: The evaluation team should interview the child, parents, and teachers to gather information about the child's history, strengths, weaknesses, and needs.
• Review of Records: The evaluation team should review existing records, such as report cards, medical records, and previous evaluations.

The FIE must be conducted by qualified professionals. The evaluation team should include individuals who have the training and expertise to administer and interpret the assessments used. This may include:

• Educational Diagnostician: A specialist trained in assessing students with learning disabilities.
• School Psychologist: A professional who assesses cognitive, emotional, and behavioral functioning.
• Speech-Language Pathologist: A professional who assesses communication skills.
• Occupational Therapist: A professional who assesses motor skills and sensory processing.
• Physician: A medical doctor who can assess medical conditions that may impact learning.

The FIE report must be comprehensive and clearly explain the results of the evaluation. It should include:

• A summary of the child's strengths and weaknesses.
• A description of the assessments used and the results obtained.
• An interpretation of the results and their implications for the child's education.
• Recommendations for instructional strategies and support services.
• A determination of whether the child meets the eligibility criteria for special education services under IDEA and Texas law.

Parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense if they disagree with the results of the school district's FIE. The IEE must be conducted by a qualified professional who is not employed by the school district. You should contact the school for more information about obtaining an IEE.

Child Find Obligations

Lamar CISD, like all school districts in Texas, has a legal obligation under IDEA to actively identify, locate, and evaluate all children with disabilities within its jurisdiction, regardless of whether they are enrolled in public school or not. This is known as "Child Find." This obligation extends to children who are suspected of having a disability, even if they are succeeding academically. The purpose of Child Find is to ensure that all children with disabilities have access to a free appropriate public education (FAPE).

The Child Find obligation includes several key responsibilities:

• Public Awareness: Lamar CISD must conduct public awareness activities to inform parents and the community about the availability of special education services. This may include posting information on the school district's website, distributing brochures, and conducting outreach events.
• Screening and Referral: Lamar CISD must implement procedures for screening and referring children who are suspected of having a disability. This may include universal screening of all students or targeted screening of students who are struggling academically or behaviorally.
• Evaluation: When a child is suspected of having a disability, Lamar CISD must conduct a full and individual evaluation (FIE) to determine if the child is eligible for special education services. This evaluation must be conducted in a timely manner and at no cost to the parents.

Parents play a critical role in Child Find. If you have concerns about your child's development, learning, or behavior, you have the right to contact Lamar CISD and request an evaluation. You do not have to wait for the school district to initiate the evaluation process. Submitting a written request, as described earlier, triggers the district's obligation to respond.

If you believe that Lamar CISD is not fulfilling its Child Find obligations, you have several options:

• Contact the School District: Start by contacting the school district's special education director or campus 504 coordinator to express your concerns.
• File a Complaint with the Texas Education Agency (TEA): You can file a formal complaint with TEA if you believe that Lamar CISD has violated IDEA or Texas special education law. Information on how to file a complaint can be found on the TEA website.
• Request Mediation or Due Process: You can request mediation or due process to resolve disputes with the school district regarding special education services.

Child Find is a continuous process. Lamar CISD must actively seek out and evaluate children with disabilities, even if they are not readily apparent. If you have any concerns about a child's development or learning, do not hesitate to contact the school district.

What If They Refuse

Lamar CISD may refuse your request for a Full and Individual Evaluation (FIE). This refusal must be in writing and must provide a clear explanation of the reasons for the denial. Understanding your rights and the proper course of action when facing a refusal is crucial.

Common reasons for refusing an evaluation include:

• Lack of Sufficient Evidence: The school district may argue that there is not enough evidence to suggest that your child has a disability.
• Academic Performance: The school district may argue that your child is performing adequately in school and does not need special education services, even if you have concerns. It is important to remember that academic success does not preclude the possibility of a disability requiring special education.
• Behavioral Issues: The school district may attribute behavioral issues to factors other than a disability.

Regardless of the reason, you have the right to challenge the school district's decision. Here are your options:

• Request an Explanation: Request a meeting with the school district to discuss their reasons for refusing the evaluation in more detail. This meeting can provide valuable insights and help you understand their perspective. Ask for specific data points supporting their decision.
• Provide Additional Information: If the school district claims there is not enough evidence, provide additional documentation to support your concerns. This may include medical records, teacher observations, independent evaluations, or other relevant information.
• Request Mediation: Mediation is a voluntary process in which a neutral third party helps you and the school district reach an agreement. Mediation can be a less adversarial and more efficient way to resolve disputes.
• File a Formal Complaint with the Texas Education Agency (TEA): You can file a formal complaint with TEA if you believe that Lamar CISD has violated IDEA or Texas special education law. This complaint must be filed within one year of the alleged violation.
• Request a Due Process Hearing: A due process hearing is a formal legal proceeding in which an impartial hearing officer hears evidence and makes a decision about the dispute. This is a more adversarial process than mediation and requires legal representation.
• Request an Independent Educational Evaluation (IEE) at Public Expense: As mentioned earlier, if you disagree with the school's determination, you have the right to request an IEE at public expense. If the district believes their evaluation was appropriate, they can request a due process hearing to defend their evaluation. The hearing officer will decide if the parent is entitled to an IEE at public expense.

It's important to document everything. Keep detailed records of all communication with the school district, including dates, times, and the names of individuals you spoke with. This documentation will be crucial if you decide to pursue mediation, file a complaint, or request a due process hearing.

Consult with a special education advocate or attorney. Navigating the special education process can be complex and overwhelming. A special education advocate or attorney can provide you with legal advice, help you understand your rights, and represent you in meetings and legal proceedings.

After the Evaluation

Once the Full and Individual Evaluation (FIE) is complete, Lamar CISD is required to convene an Admission, Review, and Dismissal (ARD) committee meeting to discuss the results. This meeting is a crucial step in determining your child's eligibility for special education services and, if eligible, developing an Individualized Education Program (IEP).

The ARD committee includes:

• Parents: You are an integral part of the ARD committee and have the right to participate fully in all discussions and decisions.
• School Administrator: A representative of the school district who is knowledgeable about special education services.
• General Education Teacher: Your child's general education teacher, if applicable.
• Special Education Teacher: A special education teacher who is familiar with your child's needs.
• Evaluation Personnel: Individuals who conducted the evaluation, such as the educational diagnostician, school psychologist, or speech-language pathologist.
• Other Relevant Professionals: Other professionals who have knowledge or expertise related to your child's needs, such as a therapist or counselor.
• The Student (When Appropriate): The student should be involved in the ARD process when appropriate, particularly as they get older.

At the ARD meeting, the committee will:

• Review the Evaluation Results: The evaluation personnel will present the findings of the FIE and explain their implications for your child's education.
• Determine Eligibility for Special Education Services: The committee will determine if your child meets the eligibility criteria for special education services under IDEA and Texas law. To be eligible, your child must have a disability that adversely affects their educational performance and requires specialized instruction.
• Develop an Individualized Education Program (IEP): If your child is eligible for special education services, the committee will develop an IEP. The IEP is a legally binding document that outlines your child's educational goals, the services they will receive, and how their progress will be measured.

The IEP must include the following components:

• Present Levels of Academic Achievement and Functional Performance: A description of your child's current strengths and weaknesses in all relevant areas.
• Measurable Annual Goals: Specific, measurable, achievable, relevant, and time-bound (SMART) goals that your child is expected to achieve within one year.
• Special Education and Related Services: A description of the special education and related services that your child will receive, such as specialized instruction, speech therapy, occupational therapy, or counseling.
• Accommodations and Modifications: Accommodations are changes to how a student learns, such as extended time on tests or preferential seating. Modifications are changes to what a student learns, such as simplified assignments or reduced workload.
• Placement: A description of the educational setting in which your child will receive services. This may include the general education classroom, a resource room, or a self-contained classroom.
• Progress Monitoring: A description of how your child's progress will be monitored and reported to you.

You have the right to participate fully in the development of the IEP. Do not hesitate to ask questions, express your concerns, and offer suggestions. The IEP should be a collaborative effort between you and the school district. If you disagree with any aspect of the IEP, you have the right to file a complaint or request mediation or a due process hearing.

The IEP is not a static document. It should be reviewed and revised at least annually, or more frequently if needed. You can request an ARD meeting at any time if you have concerns about your child's progress or the effectiveness of the IEP.

Remember, you are your child's best advocate. By understanding your rights and actively participating in the special education process, you can help ensure that your child receives the services and support they need to succeed.