Requesting an Evaluation in Leander ISD

Requesting a Special Education Evaluation in Leander ISD

This guide provides information on requesting a special education evaluation for your child in Leander ISD (LISD), in accordance with Texas state law, specifically the Individuals with Disabilities Education Act (IDEA) as implemented in Texas Education Code (TEC) Chapter 29 and Texas Administrative Code (TAC) Title 19, Part II, Chapter 89 (Special Education Services). Understanding your rights and the process is crucial in advocating for your child's educational needs. This guide covers submitting a written request, the evaluation timeline, required elements of the Full and Individual Evaluation (FIE), LISD's Child Find obligations, what to do if LISD refuses your request, and what happens after the evaluation is completed.

How to Submit a Written Request

The first step in seeking special education services is to submit a formal, written request for a Full and Individual Evaluation (FIE) to Leander ISD. This letter serves as the starting point for the evaluation timeline and creates a documented record of your concerns. A verbal request is *not* sufficient to trigger the legal timelines and protections. The request must be in writing.

Who to Send the Request To: Ideally, send the request to multiple recipients to ensure it is received and acknowledged. Consider sending it to:

• Your child's principal
• Your child's teacher(s)
• The school's Special Education Coordinator or Diagnostician
• The LISD Special Education Department (contact information can be found on the LISD website)

Content of the Written Request: The request should be clear, concise, and include the following information:

• Date: The date you are submitting the request.
• Subject Line: Clearly state "Request for Special Education Evaluation."
• Child's Information:
  • Full name
  • Date of birth
  • Current grade level
  • School currently attending
• Your Contact Information:
  • Your full name(s)
  • Address
  • Phone number(s)
  • Email address
• Statement of Concern: Clearly state your concerns about your child's academic, behavioral, or developmental progress. Be specific and provide examples. Instead of saying "My child is struggling in school," say "My child is struggling in reading comprehension. They consistently score below grade level on reading assessments and have difficulty answering questions about what they have read."
• Specific Areas of Concern: Identify the specific areas where you believe your child may need support. This could include reading, writing, math, attention, behavior, social skills, or communication.
• Previous Interventions (if any): Describe any interventions or support your child has already received, and their effectiveness. For example, "My child received Response to Intervention (RTI) in reading for 6 weeks, but their progress was minimal."
• Request for Evaluation: Explicitly state that you are requesting a Full and Individual Evaluation (FIE) to determine if your child is eligible for special education services under the Individuals with Disabilities Education Act (IDEA).
• Your Signature: Sign and date the letter. If both parents/guardians are involved, both should sign.

Example Wording:

"I am writing to request a Full and Individual Evaluation (FIE) for my child, [Child's Name], date of birth [Date of Birth], who is currently in [Grade Level] at [School Name]. I am concerned about [Child's Name]'s progress in [Specific Area(s) of Concern]. [He/She] struggles with [Specific Examples of Difficulties]. We have tried [Previous Interventions], but [He/She] continues to struggle. I believe an evaluation is necessary to determine if [Child's Name] is eligible for special education services under IDEA."

Submitting the Request: Send the letter via certified mail with return receipt requested. Keep a copy of the letter and the return receipt for your records. You can also hand-deliver the letter and request a signed and dated copy for your records, or email the letter and request confirmation of receipt.

The 45 School Day Timeline

Upon receiving your written request for an FIE, Leander ISD has a specific timeline to follow, as mandated by Texas law. This timeline is crucial, and it's important to understand it and hold the district accountable.

Timeline Start: The 45 school day timeline begins on the date LISD *receives* your written request. This is why documentation of delivery (certified mail receipt, signed copy, email confirmation) is vital.

Timeline Breakdown: The 45 school days encompasses the following:

• Review of Existing Data: LISD must review existing data on your child, including report cards, attendance records, previous evaluations (if any), and information provided by parents/guardians.
• Consent for Evaluation: LISD must obtain your *written* consent to conduct the evaluation. They must provide you with a Prior Written Notice (PWN) explaining the proposed evaluation plan. This PWN should detail the specific assessments that will be administered.
• Conducting the Evaluation: The evaluation team, including qualified professionals (e.g., educational diagnostician, speech-language pathologist, psychologist), will conduct the necessary assessments to determine if your child has a disability and, if so, the nature and extent of their educational needs.
• Eligibility Determination: After the evaluation is complete, the Admission, Review, and Dismissal (ARD) committee, which includes you as a parent, will meet to review the evaluation results and determine if your child meets the criteria for special education services under one of the 13 disability categories defined by IDEA.

School Days vs. Calendar Days: The 45 days are *school days*, meaning days when students are in attendance. Weekends, holidays, and school breaks are not counted. LISD's school calendar is available on their website. This calculation can become tricky, so tracking the dates diligently is critical.

Delays: LISD can extend the 45-day timeline if you agree to the extension in writing. Be very cautious about agreeing to extensions, as they can significantly delay the process. Understand the reason for the extension request and ensure it is truly necessary for a thorough evaluation. If you do agree to an extension, specify the exact number of additional days and the reason for the extension in writing.

Timeline Enforcement: If LISD fails to complete the evaluation within the 45-day timeline (or any agreed-upon extension), you have the right to file a complaint with the Texas Education Agency (TEA).

What the FIE Must Cover

The Full and Individual Evaluation (FIE) is a comprehensive assessment designed to determine if a child has a disability that adversely affects their educational performance and whether they require special education and related services. The FIE must adhere to specific requirements under Texas law to ensure a thorough and accurate assessment.

Key Components of the FIE: The FIE must include information in all areas related to the suspected disability. This may include (but is not limited to):

• Academic Achievement: Assessments of reading, writing, math, and other academic areas. These assessments should be standardized and norm-referenced, meaning they compare your child's performance to that of other children of the same age and grade level.
• Cognitive Abilities: Assessment of intellectual functioning, learning style, and processing skills. This typically involves an IQ test (e.g., WISC-V) and other cognitive measures.
• Speech and Language: Evaluation of articulation, fluency, voice, receptive language (understanding), and expressive language (communication).
• Social-Emotional Functioning: Assessment of behavior, social skills, emotional regulation, and mental health. This may involve observations, interviews, and questionnaires.
• Motor Skills: Evaluation of gross motor skills (e.g., running, jumping) and fine motor skills (e.g., writing, cutting).
• Adaptive Behavior: Assessment of daily living skills, such as self-care, communication, and social skills. This is often assessed using adaptive behavior scales (e.g., Vineland Adaptive Behavior Scales).
• Medical History: A review of your child's medical history and any relevant medical information. LISD may request permission to contact your child's physician.
• Observations: Direct observations of your child in the classroom and other school settings.
• Parent Input: Information provided by you as the parent/guardian regarding your child's strengths, weaknesses, learning style, and concerns. Your input is a critical part of the evaluation process.

Assessment Tools: The FIE must utilize valid and reliable assessment tools that are administered by qualified professionals. The tools must be appropriate for your child's age, language, and cultural background. The evaluation team must consider any accommodations or modifications your child typically uses during instruction or testing.

Clear and Understandable Report: The FIE report must be written in clear, concise language that is easily understandable to parents. It should include a summary of the assessment results, interpretations of the data, and recommendations for special education services and supports, if eligible. The report should also clearly explain how the evaluation team reached its conclusions.

Independent Educational Evaluation (IEE): If you disagree with the results of the FIE conducted by LISD, you have the right to request an Independent Educational Evaluation (IEE) at public expense. LISD must either pay for the IEE or initiate a due process hearing to demonstrate that their evaluation was appropriate. You are entitled to only one IEE at public expense each time the district conducts an evaluation with which you disagree. If you obtain an IEE at your own expense, the ARD committee *must* consider it.

Child Find Obligations

Leander ISD has a legal obligation under IDEA, known as "Child Find," to actively identify, locate, and evaluate all children with disabilities within their jurisdiction who may be in need of special education and related services, regardless of whether they are enrolled in public school. This obligation extends to children who are suspected of having a disability, even if they are performing well academically.

Scope of Child Find: Child Find applies to:

• Children enrolled in LISD schools
• Children who are homeschooled
• Children attending private schools within LISD boundaries
• Children who are homeless
• Children who are wards of the state
• Children who are suspected of having a disability, regardless of their academic performance

How Child Find Works: LISD implements Child Find through various activities, including:

• Screenings: Conducting screenings of students for potential learning or developmental delays.
• Referrals: Accepting referrals from parents, teachers, doctors, and other professionals who suspect a child may have a disability.
• Public Awareness Campaigns: Raising awareness about special education services and how to access them.
• Monitoring Student Progress: Tracking student progress and identifying students who are not meeting their potential.

Your Role in Child Find: As a parent, you play a crucial role in Child Find. If you suspect that your child may have a disability, you have the right to request an evaluation from LISD. LISD cannot ignore your concerns, even if your child is performing well academically. They are obligated to consider your request and determine whether an evaluation is warranted.

What to Do If LISD Fails to Identify a Child: If you believe that LISD has failed to fulfill its Child Find obligations, you have the right to file a complaint with the Texas Education Agency (TEA).

What If They Refuse

Leander ISD may refuse your request for a special education evaluation. This refusal must be provided to you in writing through a Prior Written Notice (PWN). The PWN must clearly state the reasons for the refusal.

Understanding the Reasons for Refusal: LISD's reasons for refusing an evaluation must be based on data and evidence. Common (but not necessarily valid) reasons for refusal include:

• The child is performing well academically: IDEA requires an evaluation if a disability is suspected, *regardless* of academic performance. If the disability impacts other areas (e.g., social skills, emotional regulation), an evaluation may still be warranted.
• The child's difficulties are due to a lack of instruction: While a lack of appropriate instruction can contribute to learning difficulties, it does not automatically negate the possibility of a disability. LISD must still consider whether a disability is present.
• The child has not received sufficient interventions through Response to Intervention (RTI): While RTI is a valuable process, it cannot be used to delay or deny a timely evaluation if a disability is suspected.

Your Rights When LISD Refuses: If LISD refuses your request for an evaluation, you have several options:

• Request Mediation: You can request mediation with LISD to try to resolve the disagreement. Mediation is a voluntary process where a neutral third party helps you and LISD reach an agreement.
• Request a Due Process Hearing: You have the right to request a due process hearing with the Texas Education Agency (TEA). A due process hearing is a formal legal proceeding where an impartial hearing officer hears evidence and makes a decision about whether LISD is required to evaluate your child. You have two years from the date you knew or should have known about the action that forms the basis of the complaint.
• File a State Complaint: You can file a complaint with the Texas Education Agency (TEA) alleging that LISD has violated IDEA or state special education laws. You have one year from the date of the violation to file the complaint.
• Request a Facilitated IEP Meeting: TEA offers facilitated IEP meetings where a trained facilitator helps guide the ARD meeting process.

Document Everything: It is crucial to document all communication with LISD, including the date of the request, the date of the refusal, the reasons for the refusal, and any steps you take to challenge the refusal. Keep copies of all letters, emails, and other documents.

Seek Legal Advice: If you are unsure of your rights or how to proceed, consider seeking legal advice from an attorney specializing in special education law. Several non-profit organizations in Texas also provide advocacy services to parents of children with disabilities.

After the Evaluation

After the Full and Individual Evaluation (FIE) is completed, the Admission, Review, and Dismissal (ARD) committee will meet to review the results and determine your child's eligibility for special education services. This is a crucial meeting where important decisions will be made about your child's education.

The ARD Committee: The ARD committee is composed of various individuals, including:

• You, as the parent/guardian
• A representative of the school district (usually an administrator or special education coordinator)
• Your child's teacher(s)
• An educational diagnostician or other qualified professional who conducted the evaluation
• Other individuals who have knowledge or expertise regarding your child (e.g., speech-language pathologist, psychologist)
• Your child (when appropriate)

Eligibility Determination: The ARD committee will review the FIE results to determine if your child meets the criteria for special education services under one of the 13 disability categories defined by IDEA. To be eligible, your child must:

• Have a disability listed in IDEA (e.g., specific learning disability, autism, intellectual disability)
• The disability must adversely affect their educational performance
• Require special education and related services to access their education

Individualized Education Program (IEP): 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, services, and supports. The IEP should include:

• Present Levels of Academic Achievement and Functional Performance (PLAAFP): A description of your child's current strengths and weaknesses.
• Measurable Annual Goals: Specific, measurable, achievable, relevant, and time-bound (SMART) goals for your child's academic and functional progress.
• Special Education and Related Services: A list of the specific services and supports your child will receive (e.g., specialized instruction, speech therapy, occupational therapy, counseling).
• Accommodations and Modifications: Changes to the curriculum, instruction, or testing procedures that will help your child access the general education curriculum.
• Placement: The location where your child will receive special education services (e.g., general education classroom, resource room, self-contained classroom). The goal is Least Restrictive Environment (LRE) meaning to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled.
• Participation in State and District-Wide Assessments: How your child will participate in state and district-wide assessments, including any accommodations or modifications.
• Dates, Frequency, and Location of Services: The specific dates, frequency, and location of the services your child will receive.

Your Role in the ARD Process: As a parent, you are an equal member of the ARD committee. Your input is essential in developing an IEP that meets your child's unique needs. Do not hesitate to ask questions, express your concerns, and advocate for your child's best interests.

Reviewing and Revising the IEP: The IEP must be reviewed and revised at least annually, or more frequently if needed. You have the right to request an ARD meeting at any time to discuss your child's progress or to make changes to the IEP.

Disagreements: If you disagree with the IEP developed by the ARD committee, you have the right to pursue dispute resolution options, such as mediation or a due process hearing.

This guide provides a general overview of the special education evaluation process in Leander ISD. It is essential to consult with legal counsel and advocacy organizations to fully understand your rights and responsibilities. Remember to document all communication with LISD and advocate for your child's educational needs.