Requesting an Evaluation in McKinney ISD

Requesting a Special Education Evaluation in McKinney ISD: A Comprehensive Guide

This guide provides parents and legal guardians of children residing within the McKinney Independent School District (MISD) with information and resources regarding requesting a special education evaluation. This information is based on Texas law and regulations, including the Individuals with Disabilities Education Act (IDEA) and state-specific provisions outlined in the Texas Education Code (TEC) and the Texas Administrative Code (TAC).

How to Submit a Written Request

The most crucial step in initiating the special education evaluation process is submitting a formal, written request to McKinney ISD. This request acts as the official notification to the district that you suspect your child may have a disability that requires special education services. A verbal request is not sufficient to trigger the district's legal obligations.

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

• Date: The date you are writing the letter. This is important for tracking timelines.
• Your Child's Full Name and Date of Birth: Ensure accurate identification.
• Your Child's Address: This confirms residence within McKinney ISD.
• Your Child's School and Grade Level: This helps the district identify the appropriate personnel to handle the request.
• Your Name(s), Address(es), Phone Number(s), and Email Address(es): Provide multiple methods for the district to contact you.
• A Statement Requesting a Full and Individual Initial Evaluation (FIIE): Be explicit that you are requesting an evaluation to determine eligibility for special education services. You can state, "I am writing to formally request a Full and Individual Initial Evaluation (FIIE) for my child, [Child's Name], to determine eligibility for special education services."
• A Brief Description of Your Concerns: Explain why you believe your child may have a disability. Provide specific examples of academic, behavioral, or developmental difficulties you have observed at home and/or at school. Mention any interventions or strategies that have already been tried, and their effectiveness (or lack thereof). Examples include difficulties with reading, math, attention, social skills, or communication. If you have relevant medical diagnoses or reports, mention them and state you are willing to provide copies.
• Specific Areas of Concern: If you have specific concerns regarding areas of suspected disability (e.g., speech, language, learning disability, autism, emotional disturbance), mention them. This can help the district tailor the evaluation process.
• Your Signature: A signed letter confirms your authorization for the evaluation.

Where to Send the Request: The written request should be sent to the appropriate school official. Typically, this is the school principal or the Special Education Director for McKinney ISD. Contact the school directly to confirm the correct recipient's name and title. Keep a copy of the letter for your records, and consider sending it via certified mail with return receipt requested for proof of delivery.

Example Language: "I am writing to formally request a Full and Individual Initial Evaluation (FIIE) for my child, [Child's Name], to determine eligibility for special education services. [Child's Name] is currently in [Grade] grade at [School Name]. I am concerned about [Child's Name]'s difficulty with [Specific Area of Concern, e.g., reading comprehension]. [He/She] struggles to [Specific Example, e.g., understand what he/she reads, even after multiple readings]. We have tried [Intervention, e.g., extra reading time at home], but it has not significantly improved [his/her] comprehension. I would appreciate it if you would initiate the evaluation process as soon as possible."

The 45 School Day Timeline

Once McKinney ISD receives your written request for an evaluation, the district has a legally mandated timeline to adhere to, as stipulated by Texas Administrative Code §89.1011(c). This timeline is 45 school days, not calendar days, from the date the district receives your request, to complete the evaluation and issue the written report.

Key Points about the Timeline:

• School Days Only: Weekends, holidays, and school breaks are excluded from the 45-school-day count.
• Begins Upon Receipt: The timeline begins on the date the district *receives* your written request, not the date you mail it. This is why certified mail with return receipt is recommended.
• Potential for Extension: The 45-school-day timeline can only be extended if the parent and the district mutually agree to an extension in writing. Document any such agreement carefully.
• The ARD Committee Meeting: The 45-school-day timeline includes the ARD (Admission, Review, and Dismissal) committee meeting, where the evaluation results are discussed and eligibility for special education services is determined.
• District Responsibility: It is the district's responsibility to ensure the evaluation is completed and the ARD meeting is held within the 45-school-day timeframe (or the agreed-upon extended timeframe).
• Consequences of Delay: If the district fails to complete the evaluation within the required timeframe without a valid extension agreement, you have the right to file a complaint with the Texas Education Agency (TEA).

Monitoring the Timeline: Keep a record of all communication with the district, including the date you submitted the request and any responses you receive. Regularly check in with the district's contact person to ensure the evaluation process is progressing according to schedule. Don't hesitate to ask for clarification if you are unsure about any aspect of the timeline.

What the FIE Must Cover

The Full and Individual Initial Evaluation (FIIE) is a comprehensive assessment conducted by qualified professionals to determine if a child has a disability and, if so, the nature and extent of their educational needs. Texas regulations require the FIIE to be thorough and cover all areas of suspected disability.

Required Components of the FIIE:

• Comprehensive Assessment: The evaluation must assess all areas related to the suspected disability, including (but not limited to): cognitive abilities, academic skills, communication skills, social-emotional functioning, adaptive behavior, and motor skills.
• Variety of Assessment Tools: The evaluation should utilize a variety of assessment tools and techniques, including standardized tests, observations, interviews with the child and parents, and review of school records. No single assessment should be the sole determinant of eligibility.
• Technically Sound Instruments: All assessment instruments used must be technically sound and validated for the purpose for which they are being used. They must also be administered and interpreted by appropriately trained and qualified professionals.
• Non-Discriminatory Assessment: Assessments must be selected and administered so as not to be racially or culturally discriminatory. They should be administered in the child's native language or other mode of communication, unless it is clearly not feasible to do so.
• Parent Input: The evaluation team must consider information provided by the parents, including their concerns about the child's development and learning.
• Specific Recommendations: The evaluation report must include specific recommendations for instructional strategies, accommodations, and related services that could benefit the child. These recommendations should be directly linked to the child's identified needs.
• Eligibility Criteria: The evaluation report must clearly state whether the child meets the eligibility criteria for special education services under one of the 13 disability categories defined by IDEA and Texas law.

Areas to Consider: Depending on the nature of your concerns, the FIIE might include assessments in the following areas:

• Cognitive Assessment: Measures intellectual functioning and problem-solving abilities.
• Academic Assessment: Evaluates reading, writing, and math skills.
• Speech and Language Assessment: Assesses communication skills, including articulation, fluency, language comprehension, and expression.
• Occupational Therapy Assessment: Evaluates fine motor skills, sensory processing, and self-help skills.
• Physical Therapy Assessment: Assesses gross motor skills, balance, and coordination.
• Behavioral Assessment: Examines social-emotional functioning and behavior patterns.
• Psychological Assessment: Evaluates emotional well-being and mental health.

Reviewing the Evaluation Plan: Before the evaluation begins, the district should provide you with a written evaluation plan outlining the specific assessments that will be conducted. Review this plan carefully and ask questions if you have any concerns. You have the right to request that additional assessments be included if you believe they are necessary to fully evaluate your child's needs.

Child Find Obligations

McKinney ISD, like all public school districts in Texas, has a legal obligation under IDEA to actively identify, locate, and evaluate all children with disabilities residing within its boundaries who may be in need of special education and related services. This is known as "Child Find." This obligation extends to children who are not yet enrolled in school, including infants and toddlers.

What Child Find Means for You:

• Proactive Identification: MISD should have procedures in place to identify children who may have disabilities, even if they are not exhibiting obvious signs of academic difficulty. This may include screenings, observations, and referrals from teachers, parents, and other professionals.
• No Cost to Parents: Child Find activities, including evaluations, must be provided at no cost to parents.
• Referral Process: If you suspect your child has a disability, you have the right to refer your child to the district for an evaluation, regardless of whether your child is enrolled in school or not.
• Public Awareness: MISD should conduct public awareness activities to inform the community about the availability of special education services and the process for referring a child for an evaluation.
• Private School Students: Child Find also applies to students who attend private schools within the McKinney ISD boundaries. These students are entitled to a proportionate share of federal special education funds.

If You Suspect a Disability: If you have concerns about your child's development or learning, do not hesitate to contact McKinney ISD, even if your child is very young or not yet enrolled in school. Explain your concerns and request information about the evaluation process. The district has a responsibility to respond to your request and initiate the evaluation process if there is reason to suspect a disability.

What If They Refuse?

McKinney ISD cannot simply refuse to evaluate your child if you have made a written request and there is reason to suspect a disability. Refusal triggers specific legal protections and avenues for recourse.

Possible Reasons for Refusal (and How to Respond):

• "Not Enough Evidence": The district might argue that there is not enough evidence to suggest a disability. However, IDEA requires districts to evaluate if they *suspect* a disability. Provide additional documentation, such as medical reports, teacher observations, or work samples, to support your request. Emphasize the specific examples of your child's difficulties.
• "We Need to Try Interventions First": While Response to Intervention (RTI) is a valuable process, it cannot be used to delay or deny a timely evaluation if you suspect a disability. You can agree to RTI interventions, but make it clear that you are still requesting an evaluation. Document everything.
• "Your Child is Doing Well Enough": Even if your child is passing grades, they may still have a disability that requires special education services to reach their full potential. Passing grades do not negate the right to an evaluation if there are other indications of a disability.

Your Rights and Options When Refused:

• Prior Written Notice: If MISD refuses to evaluate your child, they are required to provide you with Prior Written Notice (PWN) explaining the reasons for the refusal, the other options that were considered, and the reasons for rejecting those options. The PWN must also inform you of your right to appeal the decision.
• Independent Educational Evaluation (IEE): You have the right to request an Independent Educational Evaluation (IEE) at public expense if you disagree with the district's decision not to evaluate. An IEE is an evaluation conducted by a qualified professional who is not employed by the district. MISD may challenge your request for an IEE, but ultimately, you have the right to one if you disagree with the district's refusal to evaluate.
• Mediation: You can request mediation with MISD to try to resolve the disagreement. Mediation is a voluntary process in which a neutral third party helps you and the district reach a mutually agreeable solution.
• Due Process Hearing: You have the right to file a request for a due process hearing with the Texas Education Agency (TEA). A due process hearing is a formal legal proceeding in which an impartial hearing officer hears evidence and makes a decision about the dispute.
• State Complaint: You can file a complaint with the Texas Education Agency (TEA) if you believe that MISD has violated your child's rights under IDEA.

Documentation is Key: Keep meticulous records of all communication with MISD, including dates, times, names of people you spoke with, and the content of the conversations. This documentation will be essential if you need to pursue further action to protect your child's rights.

After the Evaluation

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

The ARD Committee Meeting:

• Who Attends: The ARD committee typically includes: You (the parent), a representative of the school district (usually an administrator), your child's teacher(s), an evaluation specialist, and other individuals who have knowledge or expertise regarding your child's needs. You have the right to invite other individuals to the meeting, such as an advocate or a private therapist.
• Purpose of the Meeting: The purpose of the ARD committee meeting is to review the evaluation results, determine if your child meets the eligibility criteria for special education services, and, if eligible, develop an IEP.
• Eligibility Determination: The ARD committee will review the evaluation data to determine if your child has a disability under one of the 13 disability categories defined by IDEA and Texas law and if the disability adversely affects your child's educational performance.
• IEP Development (If Eligible): 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 specific educational needs, goals, services, and accommodations.

The Individualized Education Program (IEP):

• Components of the IEP: The IEP must include: a statement of your child's present levels of academic achievement and functional performance; measurable annual goals; a description of the special education and related services that will be provided to your child; a statement of any accommodations or modifications that your child needs to access the general education curriculum; a description of how your child's progress toward the annual goals will be measured; and a statement of how your child will participate in state and district-wide assessments.
• Placement: The IEP must also address the least restrictive environment (LRE) in which your child can receive an appropriate education. LRE means that your child should be educated with children who are not disabled to the maximum extent appropriate.
• Parental Consent: You must provide written consent before the IEP can be implemented. You have the right to disagree with any aspect of the IEP and request revisions.

What To Do After the ARD Meeting:

• Review the IEP: Carefully review the IEP to ensure that it accurately reflects your child's needs and that you agree with the goals, services, and accommodations outlined in the document.
• Implementation: Once you have signed the IEP, the district is legally obligated to implement it.
• Progress Monitoring: Regularly monitor your child's progress toward the IEP goals. Communicate with your child's teachers and therapists to stay informed about their progress.
• Annual Review: The IEP must be reviewed and revised at least annually, or more frequently if necessary. You have the right to request an ARD meeting at any time if you have concerns about your child's progress or the implementation of the IEP.

This guide is intended to provide general information and should not be considered legal advice. If you have specific legal questions or concerns, you should consult with an attorney who specializes in special education law. Remember that you are your child's best advocate. Stay informed, be persistent, and work collaboratively with McKinney ISD to ensure that your child receives the special education services they need to succeed.