Requesting an Evaluation in Northwest ISD

Requesting a Special Education Evaluation in Northwest ISD

This guide provides information for parents and guardians residing within the Northwest Independent School District (NISD) boundaries in Texas who believe their child may require special education services. It outlines the process for requesting a special education evaluation, understanding the timelines involved, and knowing your rights under Texas law. This is for informational purposes only and should not be considered legal advice. Consult with an attorney or advocate specializing in special education law for personalized guidance.

How to Submit a Written Request

The first and most crucial step in obtaining a special education evaluation for your child is to submit a written request to Northwest ISD. This request formally initiates the evaluation process and triggers the district's legal obligations. The request should be clear, concise, and include specific information to ensure it is properly processed.

Your written request should be addressed to the appropriate school official. Typically, this is the school principal or the school's special education director. Contact your child's school to confirm the appropriate recipient's name and title. Keep a copy of the request for your records.

The request should 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) and state regulations outlined in the Texas Education Code (TEC) and the Texas Administrative Code (TAC). Avoid using vague language or simply expressing concerns about your child's academic performance. Being direct and stating your intention to request an evaluation is crucial.

Include the following information in your written request:

• Your child's full name and date of birth.
• Your child's current grade level and teacher's name.
• Your current address and phone number.
• A clear statement that you are requesting a Full and Individual Evaluation (FIE) for special education services.
• A detailed description of your concerns regarding your child's academic, behavioral, or developmental challenges. Be specific and provide examples. This could include difficulties in reading, writing, math, attention, social skills, or any other areas of concern.
• Any relevant information that supports your request, such as previous interventions, academic records, medical diagnoses, or reports from therapists or other professionals.
• A statement indicating that you understand your rights under IDEA and Texas special education law.

While not legally required, it can be helpful to include a statement expressing your willingness to collaborate with the school district throughout the evaluation process. Emphasize your commitment to working together to determine the best course of action for your child.

Once you have completed the written request, deliver it to the designated school official via certified mail with return receipt requested. This provides proof that the district received your request. You can also hand-deliver the request and obtain a signed and dated receipt from the school acknowledging its receipt.

The 45 School Day Timeline

Upon receiving your written request for an FIE, Northwest ISD is legally obligated to adhere to a strict timeline outlined in the Texas Education Code and the Texas Administrative Code. The key timeline to understand is the 45 school day timeline. This timeline dictates the maximum amount of time the district has to complete the evaluation and hold an Admission, Review, and Dismissal (ARD) committee meeting to discuss the evaluation results.

The 45-school-day timeline begins when the district receives your written request for the FIE. "School days" are defined as days when students are in attendance. Weekends, holidays, and school breaks are not counted. It is crucial to understand this definition to accurately track the timeline.

Within this 45-school-day timeline, the district must complete the following steps:

• Obtain parental consent for the evaluation. The district must provide you with a written notice explaining the proposed evaluation plan and obtain your informed consent before proceeding. You have the right to review the proposed evaluation plan and ask questions before providing consent. You can consent to specific evaluations and deny others.
• Conduct the Full and Individual Evaluation (FIE). This involves administering various assessments and gathering relevant information about your child's strengths, weaknesses, and needs.
• Prepare a written evaluation report. This report must summarize the evaluation results, provide diagnostic information, and make recommendations regarding eligibility for special education services.
• Schedule and conduct an ARD committee meeting. The ARD committee includes you, school administrators, teachers, evaluation personnel, and other relevant professionals. The purpose of the ARD meeting is to review the evaluation report, determine your child's eligibility for special education services, and develop an Individualized Education Program (IEP) if your child is found eligible.

The 45-school-day timeline can be extended only under specific circumstances, such as when the parent repeatedly fails or refuses to make the child available for the evaluation. The school district must document any reasons for delays and provide you with written notification. It is important to communicate with the school district if scheduling conflicts arise to ensure the evaluation process stays on track.

It is important to actively monitor the timeline and communicate with the school district to ensure they are adhering to the legal requirements. If you believe the district is not meeting the timeline, document your concerns in writing and consider seeking assistance from a special education advocate or attorney.

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 requires special education and related services. The FIE must be tailored to the individual needs of the child and must assess all areas related to the suspected disability. The specific assessments included in the FIE will vary depending on the child's presenting concerns and the recommendations of the evaluation team.

Under Texas law, the FIE must include the following components:

• A review of existing data: This includes reviewing your child's academic records, medical history, previous evaluations, and any other relevant information.
• Observations: The evaluation team must observe your child in various settings, such as the classroom, to assess their behavior, academic performance, and social interactions.
• Parent input: Your input is crucial to the FIE process. The evaluation team must consider your perspectives, concerns, and observations regarding your child's strengths, weaknesses, and needs.
• Individual assessments: The FIE must include individualized assessments designed to measure your child's cognitive abilities, academic skills, communication skills, adaptive behavior, and social-emotional functioning. These assessments may include standardized tests, informal assessments, and observations.

The FIE must address all areas of suspected disability. For example, if you suspect your child has a learning disability in reading, the FIE must include assessments of reading fluency, reading comprehension, and phonological awareness. If you suspect your child has a speech impairment, the FIE must include assessments of articulation, language, and voice. If you suspect your child has Autism, the FIE must include assessments of communication, social skills, and repetitive behaviors.

The FIE must be conducted by qualified professionals who are trained and experienced in administering and interpreting the specific assessments used. The evaluation team should include individuals with expertise in the areas of suspected disability.

The evaluation report must clearly summarize the evaluation results, provide diagnostic information, and make recommendations regarding eligibility for special education services. The report must also identify your child's strengths and weaknesses and outline specific strategies and interventions that could support your child's learning and development.

Child Find Obligations

Northwest ISD has a legal obligation, known as "Child Find," to identify, locate, and evaluate all children with disabilities residing within its boundaries who may be in need of special education and related services, regardless of whether they are enrolled in public school, private school, or are homeschooled. This obligation is mandated by the Individuals with Disabilities Education Act (IDEA) and Texas state law.

The Child Find mandate requires Northwest ISD to actively seek out children with disabilities and to raise public awareness of the availability of special education services. This includes conducting outreach activities, such as distributing information to parents, community organizations, and healthcare providers.

If you suspect that your child has a disability that may require special education services, you can contact Northwest ISD's special education department to request an evaluation. The district is obligated to respond to your request and to conduct an evaluation if there is reason to suspect that your child has a disability. The school district cannot ignore your request or delay the evaluation process without justification.

The Child Find obligation extends to children who are suspected of having a disability, even if they are performing adequately in school. If you have concerns about your child's learning, behavior, or development, you have the right to request an evaluation, regardless of their current academic performance.

Northwest ISD's Child Find responsibilities also apply to children who are homeless, wards of the state, or are suspected of having a disability and are enrolled in private schools. The district must make reasonable efforts to locate and evaluate these children and to provide them with access to special education services if they are found eligible.

What If They Refuse

Despite the legal mandates of IDEA and Texas special education law, Northwest ISD may, in some cases, refuse to conduct a Full and Individual Evaluation (FIE) for your child. If the district refuses to evaluate your child, they are legally obligated to provide you with prior written notice explaining the reasons for their refusal. This notice must be clear, concise, and explain why the district believes an evaluation is not warranted.

If you disagree with the district's decision not to evaluate your child, you have several options:

• Request an Independent Educational Evaluation (IEE): Under IDEA, you have the right to request an IEE at public expense if you disagree with the district's evaluation. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. To obtain an IEE at public expense, you must demonstrate that the district's evaluation was inadequate or inappropriate. If you request an IEE, the district must either agree to pay for it or initiate a due process hearing to defend their evaluation.
• Request Mediation: Mediation is a voluntary process in which a neutral third party helps you and the school district resolve your dispute. Mediation can be a valuable tool for resolving disagreements without resorting to a formal due process hearing.
• File a Complaint with the Texas Education Agency (TEA): You can file a formal complaint with the TEA if you believe that Northwest ISD has violated your child's rights under IDEA or Texas special education law. The TEA will investigate your complaint and take appropriate action if it finds that the district has violated the law.
• Request a Due Process Hearing: A due process hearing is a formal legal proceeding in which you present evidence and arguments to an impartial hearing officer who will make a decision regarding your dispute. Due process hearings can be complex and time-consuming, and it is advisable to seek legal representation if you pursue this option.

It is important to document all communication with the school district, including dates, times, and the content of conversations. This documentation will be helpful if you need to pursue further action.

After the Evaluation

Once the Full and Individual Evaluation (FIE) is complete, Northwest ISD must schedule an Admission, Review, and Dismissal (ARD) committee meeting within the 45-school-day timeline (unless an extension has been agreed upon). The ARD committee includes you, school administrators, teachers, evaluation personnel, and other relevant professionals.

The primary purposes of the ARD meeting are to:

• Review the evaluation report: The evaluation team will present the results of the FIE and explain their findings.
• Determine eligibility for special education services: The ARD committee will determine if your child meets the criteria for a specific disability under IDEA and Texas special education law.
• Develop an Individualized Education Program (IEP): If your child is found eligible for special education services, the ARD committee will develop an IEP that outlines your child's educational goals, accommodations, modifications, and related services.

You are an equal member of the ARD committee and have the right to participate fully in the decision-making process. You have the right to ask questions, express your concerns, and provide your input regarding your child's educational needs. You also have the right to disagree with the ARD committee's decisions and to request changes to the IEP.

The IEP must be tailored to your child's individual needs and must be designed to provide your child with a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). The IEP must include measurable goals, specific accommodations and modifications, and a plan for monitoring your child's progress.

After the ARD meeting, you will receive a copy of the IEP. Review the IEP carefully to ensure that it accurately reflects your child's needs and that you agree with the goals, accommodations, and services outlined in the plan. If you disagree with any part of the IEP, you have the right to request another ARD meeting to discuss your concerns. You also have the right to pursue dispute resolution options, such as mediation or a due process hearing, if you cannot resolve your disagreements with the ARD committee.

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 review or revise your child's IEP.

Remember, advocating for your child's special education needs is an ongoing process. Staying informed about your rights and actively participating in the ARD process are essential to ensuring that your child receives the support and services they need to succeed.