Requesting an Evaluation in San Antonio ISD

Requesting a Special Education Evaluation in San Antonio ISD

This guide provides information about requesting a special education evaluation for your child in San Antonio ISD (SAISD). It outlines the process, legal timelines, required assessments, and your rights as a parent under Texas law. Understanding these steps will empower you to advocate effectively for your child's educational needs. This guide is for informational purposes only and does not constitute legal advice. Consult with an attorney specializing in special education law for specific guidance.

How to Submit a Written Request

The most crucial step in initiating the special education evaluation process is submitting a formal, written request to SAISD. This written request acts as the official starting point and triggers the district's legal obligation to respond within specific timeframes. A verbal request is not sufficient; a written request is essential for documentation and legal protection.

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

• Date: Include the date you are writing the letter.
• Your Contact Information: Your full name, address, phone number, and email address.
• Your Child's Information: Your child's full name, date of birth, grade level, and the name of the school they attend.
• A Clear Statement of Request: State that you are requesting a Full Individual Evaluation (FIE) to determine if your child is eligible for special education services. For example: "I am writing to formally request a Full Individual Evaluation (FIE) for my child, [Child's Name], to determine their eligibility for special education services under the Individuals with Disabilities Education Act (IDEA)."
• Specific Concerns: Describe your concerns about your child's academic, behavioral, or developmental progress. Be specific and provide examples. Include information about any difficulties your child is experiencing in school, at home, or in social settings. For example: "My child is struggling with reading comprehension and is consistently failing reading assignments. They also have difficulty focusing in class and often disrupt other students." Or "My child has significant delays in speech and language development and has difficulty communicating effectively with others."
• Supporting Documentation (Optional): If you have any supporting documentation, such as doctor's reports, previous evaluations, report cards, or teacher communications, you can include copies with your request. While not mandatory at this initial stage, providing relevant information can expedite the process.
• Your Signature: Your signature as the parent or legal guardian is essential.

Where to Send the Request: The best approach is to send your written request to the following individuals:

• The School Principal: The principal is the administrator responsible for the overall operation of the school.
• The Special Education Director (or equivalent position) for SAISD: Contact SAISD's central office to determine the correct name and title of the person responsible for special education services district-wide. You can usually find this information on the SAISD website. Sending the request to the district-level administrator helps ensure that the request is properly processed and tracked.
• Your Child's Teacher(s): Sending a copy to your child's teacher(s) keeps them informed and allows them to provide input during the evaluation process.

How to Send the Request: Send your request via certified mail with return receipt requested. This provides proof that the district received your request and the date it was received. Keep a copy of the request and the certified mail receipt for your records.

Sample Language: A simple and direct statement is best. For example: "I am writing to request a full individual evaluation (FIE) for my child, [Child's Name], born on [Date of Birth], who attends [School Name] in [Grade Level]. I am concerned about [Child's Name]'s progress in [Specific area of concern, e.g., reading, math, behavior]. I have observed [Specific examples of challenges]. I believe that an evaluation is necessary to determine if [Child's Name] is eligible for special education services."

The 45 School Day Timeline

Texas law mandates a strict timeline for the special education evaluation process. Once SAISD receives your written request, they have a maximum of 45 school days to complete the evaluation and determine your child's eligibility for special education services. This timeline is critical, and it's important to be aware of its implications.

Counting School Days: It's crucial to understand that the 45-day timeline refers to school days, not calendar days. This means that weekends, holidays, and school breaks (e.g., summer vacation, Thanksgiving break, winter break) are not counted towards the 45-day limit. If the request is received close to a long break, the timeline extends considerably.

The ARD Meeting: Within the 45 school days, SAISD must complete the evaluation, hold an Admission, Review, and Dismissal (ARD) committee meeting to discuss the evaluation results, and determine if your child is eligible for special education services. The ARD committee includes you, the parent, as a key member, along with school personnel such as teachers, administrators, and evaluators.

Timeline Components: The 45 days encompass several key steps:

• Review of Existing Data: The school will likely review your child's existing records, including report cards, teacher observations, and any previous evaluations.
• Evaluation Planning: The ARD committee will meet to determine the scope of the evaluation and the specific assessments that will be administered. You have the right to participate in this planning meeting.
• Evaluation Administration: Trained professionals will administer the agreed-upon assessments to your child.
• Evaluation Report Preparation: The evaluators will prepare a written report summarizing the results of the assessments.
• ARD Committee Meeting: The ARD committee will meet to review the evaluation report, discuss your child's strengths and weaknesses, determine eligibility for special education services, and, if eligible, develop an Individualized Education Program (IEP).

Possible Delays: While the 45-day timeline is legally binding, there can be legitimate reasons for delays. For example, if your child is absent from school frequently, it may be difficult to complete the evaluations within the timeframe. The school should communicate with you about any potential delays and provide a reasonable explanation.

Monitoring the Timeline: It is your responsibility to monitor the 45-day timeline. Keep track of the date you submitted your request and the expected date of the ARD meeting. If you believe the school is not adhering to the timeline, you should contact the special education director for SAISD and consider seeking legal advice.

What the FIE Must Cover

The Full Individual Evaluation (FIE) is a comprehensive assessment designed to determine if your child has a disability that adversely affects their educational performance and requires special education and related services. The FIE must cover all areas of suspected disability. This means that if you have concerns about your child's reading, math, behavior, and social skills, the FIE should address each of these areas.

Areas of Assessment: The specific areas assessed in the FIE will vary depending on your child's individual needs and the concerns you have raised. However, common areas of assessment include:

• Cognitive Abilities: This assesses your child's intellectual functioning, including reasoning, problem-solving, and memory. Common assessments include intelligence tests (e.g., Wechsler Intelligence Scale for Children - WISC).
• Academic Achievement: This assesses your child's skills in reading, writing, and math. Common assessments include achievement tests (e.g., Woodcock-Johnson Tests of Achievement, Wechsler Individual Achievement Test - WIAT).
• Speech and Language: This assesses your child's communication skills, including articulation, fluency, language comprehension, and expressive language.
• Motor Skills: This assesses your child's gross motor skills (e.g., running, jumping) and fine motor skills (e.g., writing, using scissors).
• Adaptive Behavior: This assesses your child's ability to function independently in daily life, including self-care, social skills, and communication. Common assessments include adaptive behavior scales (e.g., Vineland Adaptive Behavior Scales).
• Social and Emotional Functioning: This assesses your child's social skills, emotional regulation, and behavior. This may include observations, interviews, and behavior rating scales.
• Sensory Processing: This assesses how your child processes sensory information (e.g., touch, sound, light).
• Medical Information: While the school district does not provide medical evaluations, they can request relevant medical information from your child's physician to inform the evaluation process.

Types of Assessments: The FIE may include a variety of assessment methods, such as:

• Standardized Tests: These are formal assessments that are administered and scored according to specific guidelines.
• Observations: Evaluators will observe your child in the classroom and other settings to assess their behavior and performance.
• Interviews: Evaluators will interview you, your child, and your child's teachers to gather information about your child's strengths and weaknesses.
• Record Review: Evaluators will review your child's school records, medical records, and any previous evaluations.

Parent Input: Your input is crucial to the FIE process. You know your child best, and your insights can help the evaluators understand your child's strengths, weaknesses, and needs. Be sure to share your concerns and observations with the evaluators. You also have the right to provide information about your child's medical history, developmental milestones, and any other relevant information.

Independent Educational Evaluation (IEE): If you disagree with the results of the school district's evaluation, you have the right to request an Independent Educational Evaluation (IEE) at public expense. This means that the school district will pay for an evaluation conducted by a qualified professional who is not employed by the district. The IEE can provide a second opinion and may be helpful in resolving disagreements about your child's needs.

Child Find Obligations

Texas law and federal law (IDEA) impose a "Child Find" obligation on school districts, including SAISD. This means that SAISD has an affirmative duty to identify, locate, and evaluate all children with disabilities who reside within the district, regardless of whether they are enrolled in public school, private school, or are homeschooled. This obligation extends to children who are suspected of having a disability, even if they have not been formally diagnosed.

Scope of Child Find: Child Find covers a broad range of disabilities, including:

• Specific Learning Disability (SLD)
• Intellectual Disability
• Emotional Disturbance
• Autism Spectrum Disorder
• Speech or Language Impairment
• Visual Impairment, including Blindness
• Hearing Impairment, including Deafness
• Orthopedic Impairment
• Other Health Impairment
• Traumatic Brain Injury
• Multiple Disabilities

Referral Process: The Child Find process can be initiated in several ways:

• Parent Referral: As a parent, you can initiate the Child Find process by submitting a written request for an evaluation, as described in the first section of this guide.
• School Personnel Referral: Teachers, counselors, or other school personnel may refer a child for evaluation if they suspect the child has a disability.
• Community Agency Referral: Agencies such as doctors' offices, childcare centers, or social service agencies may refer a child for evaluation.

SAISD's Responsibilities: When SAISD receives a referral, they are required to:

• Review Existing Data: The school will review the child's existing records, including report cards, teacher observations, and any previous evaluations.
• Determine if an Evaluation is Warranted: Based on the review of existing data, the school will determine if there is reason to suspect that the child has a disability.
• Obtain Parental Consent: If the school determines that an evaluation is warranted, they must obtain your written consent before proceeding with the evaluation.
• Conduct a Full Individual Evaluation (FIE): If you consent to the evaluation, the school will conduct an FIE to determine if your child has a disability and requires special education and related services.

If You Suspect a Disability: If you suspect that your child has a disability, it is important to contact SAISD and request an evaluation. Do not wait for the school to initiate the process. Your early intervention can make a significant difference in your child's educational outcomes.

What If They Refuse

In some cases, SAISD may refuse to conduct a special education evaluation. This refusal must be provided to you in writing, along with the reasons for the refusal. It is crucial to understand your rights and options if this occurs.

Reasons for Refusal: SAISD may refuse to conduct an evaluation if they believe there is insufficient evidence to suggest that your child has a disability that adversely affects their educational performance. For example, if your child is performing at grade level academically and does not exhibit any significant behavioral problems, the school may argue that an evaluation is not warranted.

Your Rights: If SAISD refuses to conduct an evaluation, you have several rights:

• Request a Written Explanation: You have the right to receive a written explanation of the school's reasons for refusing the evaluation. This explanation should be clear and specific.
• Request Mediation: You can request mediation with SAISD to try to resolve the disagreement. Mediation is a voluntary process in which a neutral third party helps you and the school district reach an agreement.
• File a Complaint with the Texas Education Agency (TEA): You can file a formal complaint with the TEA if you believe that SAISD has violated your child's rights under IDEA. TEA will investigate your complaint and may order SAISD to take corrective action.
• Request a Due Process Hearing: You have the right to request a due process hearing, which is a formal legal proceeding in which an impartial hearing officer will hear evidence and make a decision about whether SAISD should conduct an evaluation.

Document Everything: It is essential to document all communication with SAISD, including dates, times, and the names of individuals you spoke with. Keep copies of all letters, emails, and other documents. This documentation will be helpful if you need to file a complaint or request a due process hearing.

Consider Legal Counsel: If you are facing resistance from SAISD, it is advisable to consult with an attorney specializing in special education law. An attorney can advise you on your legal rights and help you navigate the dispute resolution process.

After the Evaluation

After the FIE is completed, the ARD committee will meet to review the evaluation results and determine if your child is eligible for special education services. This meeting is a crucial opportunity for you to participate in the decision-making process and advocate for your child's needs.

Eligibility Determination: The ARD committee will consider the following factors when determining eligibility:

• Whether your child has a disability as defined by IDEA.
• Whether the disability adversely affects your child's educational performance.
• Whether your child requires special education and related services to address their needs.

If Eligible: If the ARD committee determines that your child is eligible for special education services, they will develop an Individualized Education Program (IEP). The IEP is a legally binding document that outlines your child's educational goals, the services and supports they will receive, and how their progress will be measured.

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

• Present Levels of Academic Achievement and Functional Performance: This describes your child's current strengths and weaknesses.
• Measurable Annual Goals: These are specific, measurable, achievable, relevant, and time-bound goals that your child will work towards during the year.
• Special Education and Related Services: This outlines the specific services and supports your child will receive, such as specialized instruction, speech therapy, occupational therapy, counseling, and transportation.
• Accommodations and Modifications: These are changes to the curriculum or classroom environment that will help your child access the general education curriculum.
• Assessment Accommodations: These are changes to standardized tests that will allow your child to demonstrate their knowledge and skills accurately.
• Placement: This describes the setting in which your child will receive special education services.

If Not Eligible: If the ARD committee determines that your child is not eligible for special education services, you have the right to challenge this decision. You can request mediation, file a complaint with TEA, or request a due process hearing.

Ongoing Monitoring: Once your child is receiving special education services, it is important to monitor their progress and communicate regularly with their teachers and other service providers. The ARD committee will meet at least once a year to review the IEP and make any necessary revisions.

Parent Involvement: Your involvement is essential throughout the special education process. Be an active participant in ARD meetings, communicate regularly with your child's teachers, and advocate for your child's needs. Your efforts can make a significant difference in your child's educational success.