Requesting an Evaluation in Pasadena ISD

Requesting a Special Education Evaluation in Pasadena ISD

This guide provides information on how to request a special education evaluation for your child in Pasadena Independent School District (Pasadena ISD), focusing on Texas-specific laws and procedures. Understanding your rights and the school district's obligations is crucial in advocating for your child's needs.

How to Submit a Written Request

The first step in seeking special education services is to submit a formal, written request for a full individual and initial evaluation (FIE). This written request is essential as it officially triggers the legal timeline and obligations for Pasadena ISD. A verbal request is not sufficient to initiate the evaluation process.

Your written request should be clear, concise, and include the following information:

• Your child's full name and date of birth. This ensures the district correctly identifies your child in their records.
• Your child's school and grade level. This helps the district direct the request to the appropriate personnel.
• Your contact information (address, phone number, and email address). Provide multiple ways for the district to contact you.
• A clear statement that you are requesting a full individual and initial evaluation for special education services. Use specific language like "I am requesting a full individual and initial evaluation (FIE) for my child, [Child's Name], to determine eligibility for special education services."
• A brief description of your concerns about your child's academic, behavioral, or developmental progress. Be specific and provide examples. For instance, "My child struggles with reading comprehension and is consistently below grade level in reading. He also has difficulty focusing in class and often disrupts other students." Or, "My child has significant delays in speech development and has difficulty communicating his needs. He also exhibits behaviors that suggest a possible social-emotional delay."
• Any relevant documentation you have, such as previous assessments, report cards, or medical reports. Mention these in your letter ("I am including copies of [relevant documents] with this request.") and attach them.
• Your signature and the date. A dated signature confirms the authenticity of your request.

Send the written request to the school principal and the Special Education Director at Pasadena ISD. Keeping a copy of your request and proof of delivery (e.g., certified mail receipt) is highly recommended. You can also email the request; retain a copy of the sent email as confirmation. Using certified mail provides documented proof of delivery, which can be important if disputes arise.

Here is a sample letter:

[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]

[Date]

[Principal's Name]
Principal, [School Name]
[School Address]

[Special Education Director's Name]
Special Education Director
Pasadena ISD
[Pasadena ISD Address]

Subject: Request for Full Individual and Initial Evaluation for [Child's Name]

Dear Principal [Principal's Name] and Special Education Director [Director's Name],

I am writing to formally request a full individual and initial evaluation (FIE) for my child, [Child's Name], who is [Child's Age] years old and in [Grade Level] at [School Name]. [Child's Name]'s date of birth is [Child's Date of Birth].

I am concerned about [Child's Name]'s [specific area of concern, e.g., reading, writing, math, behavior, speech, etc.]. For example, [provide specific examples of difficulties, e.g., "he struggles with reading comprehension and consistently scores below grade level on reading assessments," or "she has difficulty staying focused in class and frequently disrupts other students," or "he has limited expressive language and struggles to communicate his needs effectively."]. I believe these difficulties may be impacting [Child's Name]'s ability to succeed in school.

I have attached copies of [List any attached documents, e.g., report cards, previous evaluations, doctor's notes].

I look forward to hearing from you soon regarding the next steps in the evaluation process. Thank you for your time and consideration.

Sincerely,
[Your Signature]
[Your Typed Name]

The 45 School Day Timeline

Once Pasadena ISD receives your written request, they are legally bound to specific timelines under Texas Education Code §29.004. The district has 45 school days (not calendar days) to complete the following:

• Obtain parental consent for the evaluation. The school must provide you with prior written notice of their intent to evaluate and obtain your informed consent. You have the right to refuse consent, which will halt the evaluation process.
• Conduct the Full Individual and Initial Evaluation (FIE). This involves administering various tests and assessments to determine if your child has a disability and, if so, the nature and extent of their educational needs.
• Hold an Admission, Review, and Dismissal (ARD) committee meeting. The ARD committee, which includes you, school staff, and other relevant professionals, will review the evaluation results and determine if your child is eligible for special education services.

It is crucial to understand that the 45-school-day timeline starts from the date the school receives your written request, not from the date you signed the consent form. Weekends, holidays, and school breaks are not counted as school days.

If the district anticipates needing more time, they must provide you with a written explanation and request an extension. You have the right to agree or disagree with the extension. Document all communication with the school, including dates and content.

What the FIE Must Cover

The Full Individual and Initial Evaluation (FIE) must be comprehensive and address all areas of suspected disability. Texas Administrative Code §89.1040 outlines the specific requirements. The evaluation must:

• Assess all areas related to the suspected disability. This includes, but is not limited to, academic skills, cognitive abilities, communication skills, motor skills, social-emotional functioning, and adaptive behavior.
• Use a variety of assessment tools and strategies. Relying solely on one test is insufficient. The FIE should include a combination of standardized tests, observations, interviews, and record reviews.
• Be conducted by qualified professionals. The evaluation must be performed by individuals who are trained and certified in the specific areas being assessed. For example, a speech-language pathologist must conduct speech and language evaluations.
• Be non-discriminatory. The assessment tools and procedures must be selected and administered in a way that is not racially, culturally, or linguistically biased. If your child's primary language is not English, the evaluation must be conducted in their native language, if feasible.
• Provide information about the child's present levels of academic achievement and functional performance. The FIE should clearly describe your child's strengths and weaknesses, as well as how their disability impacts their ability to participate in the general education curriculum.
• Include recommendations for appropriate special education and related services. The FIE should provide specific recommendations for interventions, accommodations, and supports that would benefit your child.

If you believe the FIE is incomplete or inadequate, you have the right to request an Independent Educational Evaluation (IEE) at public expense. The district may agree to pay for the IEE or initiate a due process hearing to demonstrate that their evaluation was appropriate. If they choose a hearing, the hearing officer will decide if the school's evaluation was appropriate.

Child Find Obligations

Pasadena ISD has a legal obligation under the Individuals with Disabilities Education Act (IDEA) and Texas state law to actively identify, locate, and evaluate all children with disabilities within their jurisdiction, regardless of whether they are enrolled in public school. This is known as "Child Find."

Child Find applies to:

• Children attending private schools, including religious schools, within Pasadena ISD.
• Children who are homeschooled within Pasadena ISD.
• Children who are suspected of having a disability, even if they are achieving passing grades. Underachievement, even with passing grades, can be a sign of a disability.

If you suspect your child has a disability, even if they are not enrolled in Pasadena ISD public schools, you have the right to request an evaluation. The district cannot deny your request simply because your child attends a private school or is homeschooled.

Pasadena ISD must have procedures in place to ensure that Child Find activities are effective and that all children with disabilities are identified and evaluated in a timely manner. If you believe the district is not fulfilling its Child Find obligations, you have the right to file a complaint with the Texas Education Agency (TEA).

What If They Refuse

If Pasadena ISD refuses to conduct an evaluation after you have submitted a written request, they must provide you with written notice explaining their reasons for the refusal. This notice must comply with the requirements of prior written notice under IDEA and Texas law.

You have several options if the district refuses to evaluate your child:

• Request Mediation: Mediation is a voluntary process where you and the school district work with a neutral third party to resolve your dispute.
• File a State Complaint: You can file a formal complaint with the Texas Education Agency (TEA). TEA will investigate your complaint and determine if the district violated state or federal special education laws. The complaint must typically be filed within one year of the alleged violation.
• Request a Due Process Hearing: A due process hearing is a more formal legal proceeding where you present evidence and witnesses to an impartial hearing officer. The hearing officer will make a decision based on the evidence presented. You have the right to legal representation at a due process hearing.

It is strongly recommended to seek legal advice from an attorney specializing in special education law if the district refuses to evaluate your child. An attorney can help you understand your rights and navigate the legal process.

After the Evaluation

After the Full Individual and Initial Evaluation (FIE) is completed, the ARD (Admission, Review, and Dismissal) committee will meet to review the results. As a parent, you are a critical member of the ARD committee.

At the ARD meeting, the committee will determine:

• Whether your child meets the eligibility criteria for special education services under one of the disability categories defined by IDEA and Texas law.
• If your child is eligible, 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 the services and supports that will be provided to help them achieve those goals.

The IEP must include:

• Present levels of academic achievement and functional performance.
• Measurable annual goals.
• A description of how progress toward those goals will be measured.
• A statement of the special education and related services that will be provided to your child. This may include specialized instruction, speech therapy, occupational therapy, counseling, assistive technology, and other supports.
• A statement of any accommodations and modifications that will be provided to your child in the classroom.
• An explanation of the extent to which your child will participate in the general education curriculum.
• The date when services will begin and the frequency, location, and duration of those services.

You have the right to participate fully in the ARD committee meeting and to provide input into the development of the IEP. You also have the right to disagree with any part of the IEP. If you disagree, you can request mediation, file a state complaint, or request a due process hearing. You can also provide written objections to the IEP, which the school must attach to the document.

Remember to advocate for your child's needs throughout the entire special education process. Document all communication with the school, keep copies of all relevant documents, and seek legal advice when necessary. You are your child's best advocate.