Requesting an Evaluation in North East ISD

Requesting a Special Education Evaluation in North East ISD

This guide provides information for parents or legal guardians seeking a special education evaluation for their child within North East Independent School District (NEISD) in Texas. It outlines the process, legal timelines, required components of the Full and Individual Evaluation (FIE), the district's Child Find obligations, and steps to take if your request is denied. Understanding these procedures is crucial for advocating for your child's educational needs.

How to Submit a Written Request

The first step in initiating the special education evaluation process is to submit a formal, written request to the appropriate school official. While a verbal request might trigger some preliminary inquiries, a written request creates a clear record and formally starts the legal timeline. The written request should be directed to one of the following individuals:

• The school principal
• The school's Special Education Coordinator
• The Director of Special Education for NEISD (contact information is available on the NEISD website)

Your written request should include the following information:

• Your Child's Full Name and Date of Birth: This ensures the evaluation is for the correct student.
• Your Child's School and Grade Level: This helps the district identify the appropriate personnel involved.
• Your Contact Information: Include your phone number, email address, and mailing address for clear communication.
• A Clear Statement Requesting a Full and Individual Evaluation (FIE): Be explicit in your request. State that you are requesting a Full and Individual Evaluation to determine if your child has a disability that requires special education services.
• A Detailed Description of Your Concerns: This is the most important part of your request. Clearly articulate your specific concerns about your child's academic, behavioral, social, or emotional development. Provide specific examples of difficulties your child is experiencing at school and at home. This might include:
• Difficulties with reading, writing, or math
• Challenges with attention, focus, or hyperactivity
• Social or emotional difficulties affecting school performance
• Speech or language delays
• Difficulties with motor skills or coordination
• Any other concerns that impact your child's learning
• Any Supporting Documentation: Include any relevant documentation that supports your concerns. This might include:
• Medical records or diagnoses from doctors or specialists
• Previous evaluations or assessments
• Report cards or progress reports
• Work samples that demonstrate your child's difficulties
• Anecdotal records of behaviors or incidents at school
• Your Signature and the Date: This validates the request.

Keep a copy of your written request for your records. It is also recommended to send the request via certified mail with return receipt requested, to ensure proof of delivery.

The 45 School Day Timeline

Once the school district receives your written request for an FIE, they are legally obligated to follow a specific timeline outlined in the Texas Education Code and federal Individuals with Disabilities Education Act (IDEA). This timeline is strictly enforced to ensure timely evaluations and services for students with disabilities. The critical timeline is 45 school days, not calendar days.

Here's a breakdown of the 45 school day timeline:

• Day 0: The date the district receives your written request. This is crucial, so maintain proof of delivery.
• Within a Reasonable Time (Typically within 15 School Days): The ARD (Admission, Review, and Dismissal) committee must convene to determine if an evaluation is warranted. The ARD committee includes you, the parent, as an essential member. During this meeting, the committee will review your concerns and any supporting documentation you provided. The district may present data and observations they have collected on your child. The ARD committee will decide whether to proceed with an evaluation or not.
• If Evaluation is Agreed Upon: If the ARD committee agrees to conduct an evaluation, they must develop an evaluation plan outlining the specific areas to be assessed and the professionals who will conduct the evaluations. You, as the parent, must provide written consent for the evaluation plan. The 45-school-day timeline continues to run.
• Within the Remainder of the 45 School Days: The FIE must be completed, and an ARD committee meeting must be held to review the evaluation results, determine eligibility for special education services, and if eligible, develop an Individualized Education Program (IEP).

Important Considerations Regarding the Timeline:

• School Days Only: The 45-day timeline refers to school days, not calendar days. This means weekends, holidays, and school breaks are not counted.
• Parent Consent is Key: The timeline can be impacted by the time it takes for the parent to provide consent for the evaluation. Be responsive to requests for consent to ensure the timeline stays on track.
• Exceptions to the Timeline: There are limited exceptions to the 45-day timeline, such as if the student is absent for an extended period or if the parent repeatedly fails to attend scheduled ARD meetings. However, the district must document these exceptions thoroughly.
• Document Everything: Keep detailed records of all communication with the school, including dates, times, and summaries of conversations. This documentation can be crucial if there are delays or disputes regarding the timeline.

What the FIE Must Cover

The Full and Individual Evaluation (FIE) is a comprehensive assessment designed to determine if a student has a disability that qualifies them for special education services under the Individuals with Disabilities Education Act (IDEA) and Texas state law. The FIE must be individualized to address the student's specific needs and concerns. It must also utilize technically sound instruments that are administered by qualified personnel.

The FIE must cover all areas related to the suspected disability. This may include, but is not limited to:

• Academic Achievement: Assessing reading, writing, math, and other academic skills. This may involve standardized tests, curriculum-based assessments, and work sample analysis.
• Cognitive Functioning: Evaluating intellectual abilities, problem-solving skills, and learning potential. This is typically assessed through standardized intelligence tests (IQ tests).
• Communication Skills: Assessing receptive and expressive language skills, articulation, fluency, and voice. This may involve standardized language tests, observations, and language samples.
• Motor Skills: Evaluating gross motor skills (e.g., running, jumping, throwing) and fine motor skills (e.g., writing, cutting, buttoning). This may involve standardized motor assessments and observations.
• Social and Emotional Development: Assessing social skills, emotional regulation, and mental health. This may involve standardized behavioral rating scales, observations, and interviews.
• Adaptive Behavior: Evaluating the student's ability to function independently in daily life activities, such as self-care, communication, and social skills. This is typically assessed using standardized adaptive behavior scales.
• Sensory Processing: If suspected, evaluating how the student processes sensory information (e.g., sight, sound, touch, taste, smell).
• Medical History: Reviewing the student's medical history to identify any medical conditions that may be contributing to their difficulties.
• Classroom Observations: Conducting observations of the student in their classroom setting to assess their behavior and academic performance in a natural environment.
• Parent and Teacher Input: Gathering information from parents and teachers about the student's strengths, weaknesses, and learning needs.

The evaluation must be conducted by qualified professionals, such as:

• Educational Diagnostician: A certified professional who specializes in assessing students for learning disabilities and other educational needs.
• Speech-Language Pathologist: A licensed professional who evaluates and treats communication disorders.
• School Psychologist: A licensed professional who assesses students' cognitive, social, emotional, and behavioral functioning.
• Occupational Therapist: A licensed professional who helps students develop fine motor skills, sensory processing skills, and adaptive skills.
• Physical Therapist: A licensed professional who helps students develop gross motor skills.
• Medical Doctor: For evaluations involving medical conditions.

The FIE report must be comprehensive and clearly explain the evaluation procedures, results, and conclusions. It must also provide recommendations for appropriate educational interventions and supports.

Child Find Obligations

North East ISD, like all school districts in Texas, has a legal obligation under the Individuals with Disabilities Education Act (IDEA) to actively seek out and identify children with disabilities who may be in need of special education services. This is known as "Child Find." This obligation applies to all children residing within the district's boundaries, regardless of whether they are enrolled in public school, private school, or homeschooled.

The Child Find obligation means that NEISD must:

• Have policies and procedures in place to identify children with disabilities: These policies should be readily available to the public.
• Conduct ongoing awareness activities: This may include disseminating information about special education services through school websites, community events, and parent workshops.
• Respond promptly to referrals and requests for evaluation: As described earlier in this guide, the district must act on written requests for evaluation in a timely manner.
• Evaluate children suspected of having a disability: If there is reason to believe that a child may have a disability, the district must conduct a Full and Individual Evaluation (FIE) to determine eligibility for special education services.

If you believe that NEISD is not fulfilling its Child Find obligations, you have the right to file a complaint with the Texas Education Agency (TEA). The TEA will investigate the complaint and take corrective action if necessary.

Signs that a school district might be failing in its Child Find obligations:

• Ignoring or delaying parent requests for evaluation.
• Discouraging parents from seeking special education services.
• Failing to provide adequate support for struggling students.
• Lack of awareness activities regarding special education services.

What If They Refuse

If the ARD committee decides not to conduct an evaluation, despite your written request and concerns, you have several options. It's important to remember that you, as the parent, are a critical member of the ARD committee, and your voice should be heard.

Here are the steps you can take if the school district refuses to evaluate your child:

• Request a Written Explanation: Demand that the district provide you with a written explanation of their reasons for refusing the evaluation. This explanation should be specific and based on data. The explanation must also inform you of your rights, including the right to appeal their decision.
• Request an ARD Committee Meeting: You have the right to request an additional ARD committee meeting to further discuss your concerns and present additional evidence. Come prepared with documentation supporting your request, such as medical records, independent evaluations, or work samples.
• 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 refusal to evaluate. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. If you request an IEE at public expense, the district must either pay for the IEE or initiate a due process hearing to demonstrate that their evaluation was appropriate. It is important to note that this applies if the district *did* perform an evaluation, and you disagree with the findings. However, it can also be relevant when they refuse to evaluate at all. Requesting an IEE at public expense after a refusal is a strong step.
• Mediation: Mediation is a voluntary process in which a neutral third party helps the parent and the school district reach an agreement. Mediation can be a less adversarial and more cost-effective way to resolve disputes.
• Due Process Hearing: A due process hearing is a formal legal proceeding in which an impartial hearing officer hears evidence from both sides and makes a decision. Due process hearings can be time-consuming and expensive, but they may be necessary if other methods of dispute resolution have failed. You can file a request for a due process hearing with the Texas Education Agency (TEA). The TEA will assign a hearing officer to hear your case. You have the right to be represented by an attorney at the due process hearing.
• File a Complaint with the Texas Education Agency (TEA): You can file a formal complaint with the TEA alleging that the district has violated the Individuals with Disabilities Education Act (IDEA). The TEA will investigate the complaint and take corrective action if necessary.
• Seek Legal Counsel: Consider consulting with an attorney who specializes in special education law. An attorney can provide legal advice and represent you in negotiations, mediation, or due process hearings.

Important Considerations When Challenging a Refusal:

• Document Everything: Keep detailed records of all communication with the school, including dates, times, and summaries of conversations.
• Know Your Rights: Familiarize yourself with the provisions of the Individuals with Disabilities Education Act (IDEA) and Texas state law regarding special education.
• Advocate for Your Child: Be persistent and advocate for your child's right to a free and appropriate public education (FAPE).

After the Evaluation

Once the Full and Individual Evaluation (FIE) is complete, the ARD (Admission, Review, and Dismissal) committee will meet again to review the evaluation results. This meeting is crucial for determining your child's eligibility for special education services and, if eligible, developing an Individualized Education Program (IEP).

Here's what to expect at the ARD committee meeting after the evaluation:

• Review of the Evaluation Report: The professionals who conducted the evaluation will present their findings and recommendations. You will have an opportunity to ask questions and clarify any points you don't understand. Make sure the team addresses the concerns you raised in your initial request.
• Eligibility Determination: The ARD committee will determine whether your child meets the criteria for any of the disability categories defined by the Individuals with Disabilities Education Act (IDEA) and Texas state law. A student must have a disability *and* that disability must adversely affect their educational performance in order to be eligible for special education services.
• If Eligible: Development of the IEP: If the ARD committee determines that your child is eligible for special education services, the committee will develop an Individualized Education Program (IEP). The IEP is a legally binding document that outlines your child's specific educational needs, goals, and services. The IEP must include:
• Present Levels of Academic Achievement and Functional Performance: A description of your child's current academic and functional skills.
• 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 description of the special education and related services that your child will receive, such as specialized instruction, speech therapy, occupational therapy, counseling, or transportation.
• Accommodations and Modifications: A list of accommodations and modifications that will be provided to your child in the classroom and during assessments.
• Placement: A description of the educational setting where your child will receive services. The IEP must consider the least restrictive environment (LRE), meaning that your child should be educated with their non-disabled peers to the maximum extent appropriate.
• Dates and Duration of Services: The start and end dates for the services outlined in the IEP.
• Progress Monitoring: How your child's progress toward their goals will be measured and reported to you.
• Parent Consent: You must provide written consent for the IEP before it can be implemented. You have the right to disagree with any part of the IEP. If you disagree, you can request another ARD committee meeting or pursue other dispute resolution options, such as mediation or a due process hearing.

Important Considerations After the Evaluation:

• Review the IEP Carefully: Take your time to review the IEP thoroughly before signing it. Ask questions and express any concerns you have.
• Collaborate with the School: Work collaboratively with the school staff to implement the IEP and monitor your child's progress.
• Attend ARD Committee Meetings Regularly: Attend all scheduled ARD committee meetings to review your child's progress and make any necessary adjustments to the IEP. The IEP must be reviewed at least annually.
• Keep Detailed Records: Maintain copies of all IEP documents, evaluation reports, and communication with the school.
• Advocate for Your Child: Continue to advocate for your child's right to a free and appropriate public education (FAPE).

This guide is intended to provide general information and should not be considered legal advice. If you have specific legal questions or concerns, it is always best to consult with an attorney who specializes in special education law.