Requesting an Evaluation in Plano ISD

Requesting a Special Education Evaluation in Plano ISD

This guide outlines the process for requesting a special education evaluation for your child in Plano Independent School District (ISD), based on Texas law. If you suspect your child has a disability that impacts their ability to learn and benefit from general education, you have the right to request a comprehensive evaluation to determine if they are eligible for special education services.

How to Submit a Written Request

The most crucial step in initiating the special education evaluation process is submitting a formal, written request to the appropriate school official. This written request serves as the starting point for the legally mandated timeline and ensures your concerns are officially documented.

Who to Send the Request To: Ideally, the request should be addressed to the school principal. You can also send a copy to the Special Education Director or the campus's 504 coordinator, especially if you've previously expressed concerns about your child's learning difficulties. While informing your child's teacher can be helpful, the principal is the responsible party for ensuring the evaluation request is processed correctly.

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

• Your Child's Full Name and Date of Birth: This ensures proper identification.
• Your Child's Grade and Current Teacher (if applicable): This helps the school locate your child's records quickly.
• Your Contact Information: Include your phone number, email address, and mailing address.
• A Clear Statement Requesting a Full Individual Evaluation (FIE): Explicitly state that you are requesting a full individual evaluation for special education services. Using these specific terms is crucial.
• A Detailed Explanation of Your Concerns: Describe specific examples of your child's academic, behavioral, or developmental difficulties. Be as specific as possible, providing details about what you have observed at home and what your child's teacher has reported. This could include difficulty reading, writing, math, attention problems, social interaction challenges, or any other areas of concern.
• Any Supporting Documentation (if available): Include copies of any relevant medical reports, previous evaluations (private or otherwise), teacher notes, or other documents that support your concerns. While not mandatory, this information can be helpful to the evaluation team.
• Your Signature and Date: This authenticates your request.

Sample Language for Your Request:

[Date]

[Principal's Name]

[School Name]

Dear Principal [Principal's Last Name],

I am writing to request a Full Individual Evaluation (FIE) to determine if my child, [Child's Full Name], date of birth [Child's Date of Birth], is eligible for special education services. [Child's Name] is currently in [Grade Level] in [Teacher's Name]'s class.

I am concerned about [Child's Name]'s progress in [Specific Subject or Area]. For example, [He/She] struggles with [Specific Example 1], [Specific Example 2], and [Specific Example 3]. [His/Her] teacher has also noted [Teacher's Observation]. I have attached [Supporting Document, if applicable] for your review.

I believe that [Child's Name]'s difficulties are impacting [His/Her] ability to learn and benefit from the general education curriculum. I look forward to discussing this matter further with you and the evaluation team.

Sincerely,

[Your Name]

[Your Phone Number]

[Your Email Address]

Submitting the Request: Send the written request via certified mail with return receipt requested. This provides proof that the school received your request and the date of receipt. Keep a copy of the request for your records.

The 45 School Day Timeline

Once the school receives your written request for a Full Individual Evaluation (FIE), Texas law mandates a specific timeline for completing the evaluation and determining your child's eligibility for special education services. This timeline is crucial to understand and monitor. The timeline is outlined in the Texas Education Code (TEC) and the Individuals with Disabilities Education Act (IDEA).

Beginning of the Timeline: The 45 school day timeline begins the day the school receives your written request. "School days" refer to days when students are in attendance. Weekends, holidays, and school breaks are not counted.

What Must Happen Within the 45 School Days:

• Review of Existing Data: The school must review existing data about your child, including academic records, teacher observations, and any previous evaluations.
• Request for Consent to Evaluate: Within a reasonable timeframe (typically a week or two), the school must provide you with a written notice and a consent form to evaluate your child. You MUST provide written consent before the school can begin the evaluation process. This consent must be informed, meaning you understand the purpose of the evaluation, the types of tests that will be administered, and how the information will be used.
• Conducting the Evaluation: Once you provide consent, the school must conduct a comprehensive evaluation in all areas of suspected disability. This includes academic, cognitive, behavioral, and adaptive areas.
• Evaluation Report: The evaluation team must prepare a written report summarizing the findings of the evaluation. This report must be thorough, objective, and based on multiple sources of information.
• Admission, Review, and Dismissal (ARD) Committee Meeting: The school must convene an ARD committee meeting to discuss the evaluation results and determine your child's eligibility for special education services. You, as the parent, are a crucial member of the ARD committee.

Important Considerations Regarding the Timeline:

• School Holidays and Breaks: Remember that school holidays and breaks do not count towards the 45 school day timeline. This can significantly extend the actual calendar time it takes to complete the evaluation.
• School's Responsibility to Track the Timeline: The school is responsible for tracking the 45 school day timeline and ensuring that all requirements are met within the timeframe. However, it is also your responsibility to monitor the timeline and communicate with the school if you have concerns.
• Possible Exceptions: There are very limited exceptions to the 45 school day timeline, such as if the parent repeatedly fails or refuses to produce the child for the evaluation. The school must document these exceptions.

Documenting the Timeline: Keep a detailed record of all communication with the school, including dates of phone calls, emails, and letters. This documentation can be helpful if any disputes arise regarding the evaluation timeline.

What the FIE Must Cover

The Full Individual Evaluation (FIE) is a comprehensive assessment of your child's strengths and weaknesses in all areas related to the suspected disability. Texas law requires the FIE to be thorough and objective, providing a complete picture of your child's educational needs. It's not just about finding a label, but about understanding how your child learns best and what supports they need to succeed.

Areas of Suspected Disability: The FIE must assess your child in all areas related to the specific areas of concern you raised in your written request, as well as any other areas the school suspects may be impacting your child's education. This means the evaluation team cannot simply focus on one area (like reading) if there are indications of problems in other areas (like math or behavior).

Specific Assessments and Procedures: The FIE typically includes a variety of assessments and procedures, tailored to your child's individual needs. These may include:

• Academic Assessments: Standardized tests to measure your child's skills in reading, writing, math, and other academic areas. These tests provide objective data on your child's performance compared to their peers.
• Cognitive Assessments: Tests to evaluate your child's intellectual ability, including verbal comprehension, reasoning, and problem-solving skills. These assessments can help identify learning disabilities or intellectual disabilities.
• Behavioral Assessments: Observations of your child's behavior in the classroom and other settings, as well as questionnaires completed by parents and teachers. These assessments can help identify behavioral problems, such as attention-deficit/hyperactivity disorder (ADHD) or emotional disturbances.
• Adaptive Behavior Assessments: Assessments of your child's ability to perform daily living skills, such as dressing, eating, and hygiene. These assessments are particularly important for students with intellectual disabilities or autism.
• Speech and Language Evaluation: If speech or language difficulties are suspected, a speech-language pathologist will conduct an evaluation to assess your child's communication skills.
• Occupational Therapy Evaluation: If fine motor skills or sensory processing difficulties are suspected, an occupational therapist will conduct an evaluation to assess your child's abilities.
• Physical Therapy Evaluation: If gross motor skills or physical limitations are suspected, a physical therapist will conduct an evaluation to assess your child's abilities.
• Social-Emotional Assessment: Evaluations designed to assess a student's emotional well-being, social skills, and ability to interact with others.
• Parent and Teacher Input: The evaluation team must consider input from you (the parent) and your child's teacher. This input is crucial for understanding your child's strengths and weaknesses in different environments.

Qualified Professionals: The FIE must be conducted by qualified professionals who are trained and experienced in administering and interpreting the specific assessments used. This may include educational diagnosticians, school psychologists, speech-language pathologists, occupational therapists, and other specialists.

Comprehensive Report: The FIE must result in a written report that summarizes the findings of the evaluation. This report must include:

• A description of the assessments and procedures used.
• A summary of the results of each assessment.
• An interpretation of the results, including a discussion of your child's strengths and weaknesses.
• A determination of whether your child meets the eligibility criteria for special education services under Texas law.
• Recommendations for appropriate educational interventions and supports.

Your Right to an Independent Educational Evaluation (IEE): If you disagree with the results of the school's FIE, you have the right to request an Independent Educational Evaluation (IEE) at public expense. The school may choose to pay for the IEE or initiate a due process hearing to demonstrate that their evaluation was appropriate. You are entitled to present the IEE at the ARD meeting.

Child Find Obligations

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

Proactive Identification: Child Find is not simply a passive process of waiting for parents to request evaluations. Schools must actively implement procedures to identify children who may have disabilities. This can include:

• Screening Programs: Implementing universal screening programs to identify students who may be at risk for academic or behavioral difficulties.
• Teacher Referrals: Training teachers to recognize the signs of potential disabilities and to refer students for evaluation when appropriate.
• Community Outreach: Conducting outreach activities to inform parents and the community about special education services and how to access them.
• Collaboration with Other Agencies: Working with other agencies, such as health clinics and social service organizations, to identify children with disabilities.

Referral Process: If a school suspects that a child may have a disability, they have a responsibility to initiate the evaluation process, even if the parents have not specifically requested an evaluation. This can be done through a referral to the school's Student Support Team (SST) or other similar process. The SST may recommend interventions to address the student's needs, but if these interventions are not successful, the school should proceed with a formal evaluation.

Children Not Enrolled in Public School: Plano ISD's Child Find obligations extend to children who are not enrolled in public school, including those attending private schools or being homeschooled. If you suspect that your child who is not enrolled in public school has a disability, you have the right to contact Plano ISD and request an evaluation.

Parental Rights: Parents play a critical role in the Child Find process. You have the right to:

• Request an evaluation for your child if you suspect they have a disability.
• Receive information about special education services and your rights as a parent.
• Participate in all meetings and decisions regarding your child's special education program.
• Access your child's educational records.

If you believe that Plano ISD 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

While Plano ISD has a legal obligation to evaluate your child if there is reason to suspect a disability, there may be instances where the school initially refuses to conduct a Full Individual Evaluation (FIE). It's crucial to understand your rights and the steps you can take if this happens.

Document the Refusal: If the school refuses to evaluate your child, request a written explanation for the refusal. This documentation is essential for any further action you may take.

Common Reasons for Refusal (and Your Response):

• "Your Child is Doing Fine Academically": Even if your child is passing classes, they may still have a disability that requires special education services. The FIE is designed to identify underlying learning challenges that may not be readily apparent from grades alone. Emphasize specific areas of difficulty, even if they aren't significantly impacting grades yet.
• "We Need to Try Interventions First": While Response to Intervention (RTI) or Multi-Tiered Systems of Support (MTSS) can be beneficial, they cannot be used to delay or deny a timely evaluation if there is a reasonable suspicion of a disability. Document the interventions that have been tried, their duration, and their effectiveness (or lack thereof). Argue that despite these interventions, your concerns persist.
• "We Don't Think Your Child Meets the Criteria": The school cannot make a determination about eligibility without conducting an FIE. Your written request is based on your concerns and observations, and the school must evaluate to determine if those concerns warrant special education services.
• "We Don't Have the Resources": Lack of resources is not a valid reason to deny a legally mandated evaluation.

Next Steps If Refused:

• Request an ARD Meeting: Formally request an Admission, Review, and Dismissal (ARD) committee meeting to discuss your concerns and the school's refusal to evaluate. The ARD committee is the appropriate forum for discussing these issues and making decisions about your child's special education needs. Prepare to present your evidence and advocate for your child's evaluation.
• File a Complaint with the Texas Education Agency (TEA): You have the right to file a formal complaint with the TEA if you believe that Plano ISD has violated IDEA or state special education laws. The TEA will investigate your complaint and take appropriate action if necessary. Information on how to file a complaint can be found on the TEA website.
• Request Mediation: Mediation is a voluntary process where a neutral third party helps you and the school district reach an agreement. The TEA offers mediation services free of charge.
• Request a Due Process Hearing: A due process hearing is a formal legal proceeding where an impartial hearing officer hears evidence and makes a decision about your child's special education needs. This is a more adversarial process than mediation and may require legal representation.
• Consider an Independent Educational Evaluation (IEE): While the school refused to evaluate, consider paying for a private IEE yourself. This report can be presented to the school and can be very persuasive in convincing them to conduct their own evaluation.

Legal Representation: Consider consulting with an attorney specializing in special education law. An attorney can advise you on your legal rights and options and can represent you in negotiations or legal proceedings. Several non-profit organizations in Texas provide legal assistance to parents of children with disabilities.

After the Evaluation

Following the completion of the Full Individual Evaluation (FIE), the next steps are critical in determining whether your child is eligible for special education services and, if so, in developing an Individualized Education Program (IEP) that meets their unique needs.

The ARD Committee Meeting: The primary purpose of the ARD (Admission, Review, and Dismissal) committee meeting is to review the evaluation results and determine if your child meets the eligibility criteria for special education services under one of the thirteen disability categories defined by IDEA and Texas law. You, as the parent, are a vital member of the ARD committee, along with school administrators, teachers, and other relevant professionals who participated in the evaluation.

Key Decisions Made at the ARD Meeting:

• Eligibility Determination: The ARD committee will review the FIE report and other relevant information to determine if your child meets the eligibility criteria for special education services. This determination must be based on objective data and not solely on subjective opinions.
• Development of the IEP: If your child is found eligible for special education services, the ARD committee will develop an Individualized Education Program (IEP). The IEP is a legally binding document that outlines your child's educational goals, the special education services they will receive, and the accommodations and modifications they need to succeed.
• Placement Decisions: The ARD committee will also determine the appropriate educational placement for your child. IDEA requires that students with disabilities be educated in the least restrictive environment (LRE), meaning they should be educated with their non-disabled peers to the maximum extent appropriate.

Components of the IEP: The IEP must include the following components:

• Present Levels of Academic Achievement and Functional Performance (PLAAFP): 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 for your child's academic and functional progress.
• Special Education and Related Services: A description of the special education services your child will receive, such as specially designed instruction, speech therapy, occupational therapy, counseling, or transportation.
• Accommodations and Modifications: A list of the accommodations and modifications your child needs to access the general education curriculum, such as extended time on tests, preferential seating, or modified assignments.
• Participation in State and District Assessments: A description of how your child will participate in state and district assessments. If your child will not participate in regular assessments, the IEP must explain why and describe the alternative assessment they will take.
• Dates and Location of Services: The IEP must specify when and where your child will receive special education and related services.

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

• Participate fully in the ARD meeting.
• Express your opinions and concerns.
• Receive a copy of the FIE report and the IEP.
• Disagree with the ARD committee's decisions.
• Request an independent educational evaluation (IEE) if you disagree with the school's evaluation.
• Request mediation or a due process hearing if you disagree with the IEP or other decisions made by the ARD committee.

Implementing the IEP: Once the IEP is developed and agreed upon, the school is legally obligated to implement it. This means providing your child with the special education services, accommodations, and modifications outlined in the IEP. It's your responsibility to monitor the implementation of the IEP and to communicate with the school if you have any concerns.

Regular Progress Monitoring and IEP Reviews: The school must regularly monitor your child's progress towards their IEP goals and provide you with progress reports. The ARD committee must meet at least annually to review the IEP and make any necessary revisions. 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. Remember that the IEP is a living document that should be adjusted as your child's needs change.