Requesting an Evaluation in Mansfield ISD

Requesting a Special Education Evaluation in Mansfield ISD

This guide provides information for parents and guardians in Mansfield ISD who believe their child may need special education services. It outlines the process of requesting a special education evaluation, the legal timelines involved, the required components of the evaluation, the school district's obligations to identify children with disabilities, what to do if the school district refuses to evaluate, and what happens after the evaluation is completed. This information is based on Texas state law, specifically the Individuals with Disabilities Education Act (IDEA) implementation in Texas.

How to Submit a Written Request

The first step in initiating the special education evaluation process is submitting a written request to Mansfield ISD. This request should be clear, concise, and specify your concerns about your child's academic, behavioral, or developmental progress. While a formal, lawyer-drafted letter isn't necessary, clarity and documentation are crucial.

Who to Send the Request To: Ideally, the request should be directed to the principal of your child's school. Alternatively, you can send it to the school's special education director or a campus administrator familiar with special education. Sending a copy to the school's Special Education Department is a good practice. This ensures it reaches the appropriate personnel.

Content of the Written Request: The written request should include the following information:

• Your child's full name and date of birth.
• Your child's school and current grade level.
• Your contact information (phone number and email address).
• A clear statement that you are requesting a full and individual evaluation for special education services. For example, "I am writing to request a full and individual evaluation for my child, [Child's Name], to determine if they are eligible for special education services."
• A detailed description of your concerns about your child's academic, behavioral, or developmental progress. Be specific. Include examples of difficulties your child is experiencing at school and at home. This might include problems with reading, writing, math, attention, social skills, or behavior.
• Any interventions or supports that have already been tried, both at home and at school, and the results of those interventions.
• Any relevant medical or psychological information, if available (e.g., doctor's diagnoses, previous evaluations). You do not need to provide detailed records at this stage, but mentioning relevant diagnoses or past assessments can be helpful.
• A statement indicating that you understand your rights under IDEA and Texas special education law.

Example Statement: "I understand that under the Individuals with Disabilities Education Act (IDEA) and Texas special education law, my child has the right to a free and appropriate public education (FAPE). I believe that a special education evaluation is necessary to determine if my child is eligible for special education services to receive FAPE."

Document Retention: Keep a copy of the written request for your records. It is also recommended to send the request via certified mail with return receipt requested. This provides proof that the school district received your request.

The 45 School Day Timeline

Upon receiving your written request for a special education evaluation, Mansfield ISD has a specific timeline to follow according to Texas Administrative Code (TAC) §89.1011. This timeline is crucial to ensuring your child's needs are addressed promptly.

The 45 School Day Clock: The 45 school day timeline begins when the school district receives your written request for an evaluation. This excludes weekends, holidays, and school breaks longer than five consecutive days. It is essential to understand the distinction between "school days" and calendar days.

Initial Steps within the 45 Days: Within this 45-day period, the school district must:

• Determine if an evaluation is warranted: The school district must determine if there is reason to suspect that your child has a disability and needs special education services.
• Obtain parental consent: If the district determines that an evaluation is warranted, they must obtain your written consent to proceed with the evaluation. They will provide you with a consent form and information about the proposed evaluation plan.
• Conduct the evaluation: Once consent is received, the school district must conduct the evaluation, which includes a variety of assessments to determine if your child has a disability and the nature and extent of their educational needs.
• Complete the Full and Individual Evaluation (FIE): The evaluation team must complete the FIE and write a comprehensive report summarizing the findings.
• Hold an Admission, Review, and Dismissal (ARD) Committee meeting: The ARD committee, which includes you as a parent, teachers, administrators, and other relevant professionals, must meet to review the evaluation results and determine if your child is eligible for special education services.

Strict Adherence: The 45-school-day timeline is a legally binding requirement. Failure to comply with this timeline can have legal consequences for the school district. Document everything and keep track of the dates. If the timeline is not met, contact the school district's special education director or consider seeking legal assistance.

What the FIE Must Cover

The Full and Individual Evaluation (FIE) is the cornerstone of the special education process. It's a comprehensive assessment designed to determine if a child has a disability and, if so, what type of special education and related services are needed. Texas law requires the FIE to cover specific areas and provide detailed information. The FIE must consider all areas related to the suspected disability.

Required Components of the FIE: The FIE must include the following:

• Review of Existing Data: This includes a review of your child's academic records, medical history (if provided), previous evaluations, teacher observations, and any other relevant information. The evaluation team must consider all available data to gain a comprehensive understanding of your child's strengths and weaknesses.
• Individual Assessments: The FIE must include individual assessments tailored to your child's specific needs and suspected disability. These assessments may include:
• Cognitive Assessments: These assess intellectual abilities, such as reasoning, problem-solving, and memory.
• Academic Assessments: These assess skills in reading, writing, math, and other academic areas.
• Behavioral Assessments: These assess behavior patterns, emotional functioning, and social skills.
• Speech and Language Assessments: These assess communication skills, including articulation, fluency, language comprehension, and expression.
• Occupational Therapy Assessments: These assess fine motor skills, sensory processing, and adaptive skills.
• Physical Therapy Assessments: These assess gross motor skills, mobility, and physical functioning.
• Assistive Technology Assessments: If appropriate, the FIE should determine if assistive technology devices or services are needed to support your child's learning.
• Observations: The evaluation team must observe your child in various settings, such as the classroom, playground, and cafeteria, to assess their functioning in real-world situations.
• Parent Input: Your input as a parent is crucial to the FIE. The evaluation team must actively solicit and consider your concerns, observations, and perspectives about your child's strengths, weaknesses, and needs.
• Documentation of All Assessments: The FIE report must clearly document all assessments administered, the results of those assessments, and the interpretation of the results.
• Recommendations: The FIE must include specific recommendations for special education and related services, if your child is found eligible. These recommendations should be based on the evaluation findings and should be designed to meet your child's unique needs.

Independent Educational Evaluation (IEE): You have the right to request an Independent Educational Evaluation (IEE) at public expense if you disagree with the school district's evaluation. The school district must either pay for the IEE or demonstrate at a due process hearing that their evaluation was appropriate. If the IEE is obtained at public expense, the school district must consider the results of the IEE.

Child Find Obligations

Mansfield ISD has a legal obligation to actively identify, locate, and evaluate all children with disabilities within its jurisdiction, regardless of whether they are enrolled in public school. This is known as "Child Find."

Texas Administrative Code (TAC) §89.1011: This code outlines the specific requirements for Child Find in Texas. It mandates that school districts have procedures in place to identify children who may have disabilities, including those who are homeless, wards of the state, or attend private schools. TAC §89.1011(b)(1) clearly states that Child Find activities apply to children "residing in the State who are suspected of being a child with a disability...regardless of whether the child is enrolled in a private, including religious, elementary school and secondary school; or is home schooled; or is placed in a residential facility located in the State."

Responsibilities of Mansfield ISD: Mansfield ISD must:

• Public Awareness: Conduct public awareness campaigns to inform parents and the community about special education services and how to access them.
• Screening and Referral: Have procedures in place for screening and referring children who may have disabilities. This may involve reviewing student records, conducting classroom observations, and administering screening assessments.
• Evaluation: Provide evaluations for children suspected of having a disability, even if they are not enrolled in public school.
• Collaboration with Other Agencies: Collaborate with other agencies, such as health care providers and community organizations, to identify children with disabilities.

What if you suspect a child has a disability but is not in public school?: If you suspect that a child residing in Mansfield ISD has a disability but is not enrolled in public school, you can contact the district's special education department to request an evaluation. The district is obligated to respond to your request and conduct an evaluation if there is reason to suspect a disability.

What If They Refuse

If Mansfield ISD refuses to conduct a special education evaluation after you have submitted a written request, you have several options under Texas law. It is crucial to understand your rights and advocate for your child's needs.

Prior Written Notice: The school district must provide you with prior written notice explaining their reasons for refusing to conduct the evaluation. This notice must be provided in a language understandable to the general public and in your native language, if feasible. The notice must include:

• A description of the action the agency proposes or refuses to take.
• 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 Part B of the Individuals with Disabilities Education Act (IDEA) 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 Part B of the IDEA.
• A description of other options that the ARD Committee considered and the reasons why those options were rejected.
• A description of other factors that are relevant to the agency's proposal or refusal.

Dispute Resolution Options: If you disagree with the school district's decision, you have the following dispute resolution options under IDEA and Texas law:

• Mediation: You can request mediation, a voluntary process in which a neutral third party helps you and the school district reach an agreement. Mediation is often a successful way to resolve disputes without resorting to more formal legal proceedings.
• State Complaint: You can file a formal complaint with the Texas Education Agency (TEA). TEA will investigate the complaint and issue a decision.
• Due Process Hearing: You can request a due process hearing, a formal legal proceeding in which an impartial hearing officer hears evidence and makes a decision. This is a more adversarial process than mediation and typically requires legal representation.

Documentation and Evidence: It is essential to document all communication with the school district and gather any evidence that supports your belief that your child needs special education services. This may include report cards, teacher observations, medical records, and examples of your child's work.

Legal Assistance: If you are struggling to resolve the dispute with the school district, consider seeking legal assistance from a special education attorney or advocate. They can provide you with legal advice and representation and help you navigate the special education process.

After the Evaluation

Once the FIE is complete, the next step is the Admission, Review, and Dismissal (ARD) Committee meeting. This meeting is critical for determining your child's eligibility for special education services and, if eligible, developing an Individualized Education Program (IEP).

The ARD Committee: The ARD committee includes you as a parent, teachers, administrators, and other relevant professionals, such as the school psychologist, diagnostician, or speech therapist. You are an equal member of the ARD committee and have the right to participate in all decisions regarding your child's education.

Purpose of the ARD Meeting: The ARD committee meets to:

• Review the FIE results: The committee will review the findings of the FIE to determine if your child meets the eligibility criteria for special education services under Texas law and IDEA.
• Determine eligibility: The committee will determine if your child has a disability that adversely affects their educational performance and requires special education services.
• Develop an IEP (if eligible): If your child is found eligible, the committee will develop an IEP, which is a legally binding document that outlines your child's specific educational needs, goals, and services.

The Individualized Education Program (IEP): The IEP must include:

• Present Levels of Academic Achievement and Functional Performance: A description of your child's current strengths and weaknesses in academic and functional 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 specific special education and related services that your child will receive, such as specialized instruction, speech therapy, occupational therapy, or counseling.
• Placement: A description of the educational setting where your child will receive services. Students with disabilities must be educated with their non-disabled peers to the maximum extent appropriate.
• Accommodations and Modifications: A description of any accommodations or modifications that will be provided to help your child access the general education curriculum.
• Progress Monitoring: A description of how your child's progress toward their goals will be measured and reported to you.

Your Rights at the ARD Meeting: You have the right to:

• Participate fully in the meeting.
• Ask questions and seek clarification.
• Provide input and share your concerns.
• Bring an advocate or attorney to the meeting.
• Disagree with the IEP and request changes.
• Receive a copy of the IEP.

Prior Written Notice (Again): If you disagree with the ARD committee's decisions, the school district must provide you with prior written notice explaining their reasons. You have the right to use the dispute resolution options described earlier if you cannot reach an agreement with the school district.

This guide provides general information and should not be considered legal advice. If you have specific legal questions or concerns, it is essential to consult with a qualified special education attorney or advocate.