Evaluation

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If parental consent for an initial evaluation is given, the school will conduct an evaluation of the child in all areas of suspected disability to determine if he or she has a disability and to determine his or her educational needs. The evaluation process for the child must:

  • Include information about the child’s academic, developmental, and functional performance;
  • Be administered by trained and knowledgeable personnel;
  • Be administered in the child’s native language or other mode of communication; and
  • Be unbiased or given in such a way so as not to discriminate against the child, regardless of his or her cultural background, race, or disability.

If the parent does not consent to the initial evaluation, the school may, but is not required to, pursue the evaluation by asking for mediation or requesting a due process hearing. If the school decides not to pursue the evaluation, the school does not violate the requirement under the Individuals with Disabilities Education Act (IDEA) to identify, locate, and evaluate all children with disabilities who are in need of special education and related services.

Informed Consent for Evaluation and Services

Informed consent is a process where the scope of evaluation or provision of services being proposed is fully explained to the parent/guardian or adult student. Informed means the individual providing consent has a clear and complete understanding of the activity before voluntarily agreeing in writing. It is the legal and ethical responsibility of the professional obtaining consent to ensure the parent/guardian or adult student has been provided all information relevant to the action proposed.

Initial Evaluations

The Individuals with Disabilities Education Act (IDEA) requires local education agencies (LEAs) to conduct an initial evaluation when there is suspicion that a child has a disability and, as result of the disability, needs special education and related services. The full and individual initial evaluation (FIIE) includes procedures that are used selectively with an individual child.

Once a district determines an initial evaluation is necessary, IDEA regulations require LEAs to provide parents with prior written notice and obtain their informed consent for the proposed evaluation. In addition, parents are provided with procedural safeguards that explain the rights afforded to the parents and the child throughout the evaluation process.

Initial Referral Timeline

The Special Education Initial Referral Timeline provides an overview of the timeline and legal requirements for a referral for an initial special education evaluation from the point of campus or parent request for a referral for an initial evaluation to the initial ARD committee meeting where eligibility is determined and may be another helpful resource for ensuring timelines and legal requirements are implemented.

  1. Referral for Initial Evaluation
    • Campus Request or Parent Request (verbal or written) to a local education agency's (LEA's) director of special education or district administrative employee
    • Best Practice Provide notice of action for all referrals not later than the 15th school day after the date the district receives the request
    • Not later than the 15th day after the date the district receives a written parental request
  2. Notice of Action
    • Provide parents with Prior Written Notice for evaluation
    • Provide parents with Notice of Procedural Safeguards and an opportunity to provide consent to evaluate
      OR
    • Provide parent with Prior Written Notice of refusal to evaluate and Notice of Procedural Safeguards
    • Not later than the 45th school day following the date on which the district receives written parental consent
      1. If the student is absent three or more days during the evaluation period, then the evaluation timeline is extended by the number of days absent. 
      2. If consent is obtained at least 35 but less than 45 school days before the last instructional school day, then the evaluation must be completed and the written report must be provided to parent not later than June 30 of that year.
  3. Full and Individual Initial Evaluation (FIIE) Completed with Written Report
    • A comprehensive evaluation of all components is conducted to determine (1) if the child is a child with a disability according to the eligibility criteria and (2) the educational needs of the child
    • Within 30 calendar days of written report the ARD committee must determine eligibility
      1. If the 30th calendar day falls within the summer when school is not in session, then the initial ARD committee meeting must determine eligibility by the first school day of the following school year. If consent is received at least 35 but less than 45 school days prior to the last instructional day of the school year, then the initial ARD committee must determine eligibility by the 15th school day of the following school year. 
      2. Unless the initial evaluation indicates that the student will need extended school year services that summer, then the ARD committee must determine eligibility as promptly as possible. 
  4. Notice of Admission, Review, and Dismissal (ARD) Committee Meeting + Initial ARD Committee Meeting
    • Initial ARD Committee Meeting:
      1. Provide parents with the Parent's Guide to the Admission, Review, and Dismissal Process (at any time prior to the initial ARD committee meeting)
      2. Provide parents with at least five school days’ notice of initial ARD committee meeting • Meeting should be held at a mutually agreeable time and place
    • Initial ARD Committee Meeting:
      1. Eligibility is determined by ARD committee
      2. An Individualized Education Program (IEP), if appropriate, is developed
      3. Provide parents with Prior Written Notice outlining decisions made and actions to be taken
      4. Provide parents with an opportunity to provide consent for initial placement

Frequently Asked Questions

At what points during the initial referral process is the Notice of Procedural Safeguards required to be provided to parents?

At what points during the initial referral process is Prior Written Notice required to be provided to parents?

What is considered a “school day”?

What constitutes the “evaluation process”?

  • The evaluation process is one which parental consent was obtained, the child was evaluated, and the ARD committee determined the child’s eligibility. 

When do timelines begin for a verbal request for an initial evaluation?

  • Districts and charter schools must still comply with all federal prior written notice and procedural safeguard requirements and the requirements for identifying, locating, and evaluating children who are suspected of being a child with a disability and in need of special education. However, a verbal request does not require the district or charter school to respond within the 15-school-day timeline. TEA Student Handbook Statement
  • It is recommended that the LEA develop a plan (operating procedures) for addressing verbal parent requests in a timely manner.

If the student was not found eligible or was previously dismissed from special education but is then referred again for an evaluation in a subsequent school year, is this considered an initial evaluation?

  • Yes. This would be considered an initial evaluation. 

What if the consent is obtained at least 35 but less than 45 school days from the last instructional day, but the multidisciplinary evaluation team completes the initial evaluation written report early and there are at least 30 calendar days before the last day of school? When is the initial ARD committee meeting to be held?

  • When the school receives written consent within the 35 but less than 45 school day window found in §89.1011(e), the LEA must provide the written report to the parent by June 30 of the current year, and the ARD committee must meet not later than the 15th school day of the following year. Whether the written report was finished with sufficient time to allow the ARD committee to meet before the end of the current school year under these circumstances is irrelevant. As long as the district meets these timelines—it is in compliance. 19 Texas Administrative Code, §89.1011
  • However, best practices suggest that a student’s interests are better served by meeting sooner rather than later with respect to the results of an FIE.

Special Education Full and Individual Initial Evaluation (FIIE) Timeline

The Special Education Full and Individual Initial Evaluation (FIIE) Timeline provides an overview of the various timelines for an initial evaluation and ARD committee meetings where eligibility is determined based upon when the school district received written consent for an FIIE.

The school district receives written consent for an FIIE signed by the student's parent or legal guardian (including students under 5 years of age by September 1 and not enrolled in public or charter schools, and students enrolled in a private or home school setting).

  1. at least 45 school days prior to the last day of instruction
    • The written report of the evaluation must be completed not later than the 45th school day following the date written consent was received.
      1. The Admission, Review, and Dismissal (ARD) committee must determine initial eligibility within 30 calendar days from the date the evaluation report is completed. If the 30th day falls during the summer, the ARD committee has until the first day of classes to finalize decisions related to eligibility, IEP, and placement.*
    • If a student has been absent three or more days from school during that period, then the written report of the evaluation must be completed not later than (45 + # of days absent) school days following the date written consent was received.
      1. The ARD committee must determine initial eligibility within 30 calendar days from the date the evaluation report is completed. If the 30th day falls during the summer, the ARD committee has until the first day of classes to finalize decisions related to eligibility, IEP, and placement.*
  2. at least 35 but less than 45 school days before the last day of instruction.
    • The written report of the evaluation must be completed and provided to the parent or legal guardian not later than June 30 of that year.
      1. The ARD committee must meet not later than the 15th school day of the following school year to consider the evaluation.*
    • If a student has been absent three or more days from school during that period, then the written report of the evaluation must be completed not later than (45 + # of days absent) school days following the date written consent was received.
      1. The ARD committee must determine initial eligibility within 30 calendar days from the date the evaluation report is completed. If the 30th day falls during the summer, the ARD committee has until the first day of classes to finalize decisions related to eligibility, IEP and placement.*
  3. less than 35 school days before the last instructional day of the school year.
    • The written report of the evaluation must be completed not later than the 45th school day following the date written consent was received (into the following school year).
      1. The ARD committee must determine initial eligibility within 30 calendar days from the date the evaluation report is completed. If the 30th day falls during the summer, the ARD committee has until the first day of classes to finalize decisions related to eligibility, IEP and placement.*

*Unless the initial evaluation indicates that the student will need extended school year services during that summer, then the ARD committee must determine eligibility as promptly as possible.

Written Parent Request for Referral: Prior Written Notice of the school’s proposal to conduct an evaluation or refusal, along with Notice of Procedural Safeguards, must be provided to parent not later than 15 school days from date the written request is received by the school district’s special education director or district administrative employee.

FIIE Frequently Asked Questions

What is considered as the “first day” of the initial evaluation timeline?

What is considered the date of report in reference to completing an initial evaluation?

  • The date of report for a full and individual initial evaluation is when the evaluation, including data gathering, has concluded, and the multidisciplinary team has determined if the student meets the criteria for a disability condition and has specified the educational needs of the student. 34 Code of Federal Regulations § 300.301(c)(2)

When are absences added to the initial evaluation timeline?

Absences are added to the initial evaluation timeline once the student has accumulated at least three absences. 19 Texas Administrative Code,§89.1011(c)(1). Full Individual and Initial Evaluation

What if a student transfers to another LEA during the evaluation process?

  • If a student was in the process of being evaluated for special education eligibility by an LEA and enrolls in another LEA before the previous LEA completed the full individual and initial evaluation, the new LEA must coordinate with the previous LEA as necessary and as expeditiously as possible to ensure prompt completion of the evaluation in accordance with 34 CFR, §300.301(d)(2) and (e) and §300.304(c)(5).
  • The original evaluation timeline does not apply if:

Reevaluations

For reevaluations, the Individuals with Disabilities Education Act (IDEA) regulations note that local education agencies (LEAs) must ensure that reevaluations are completed if the district determines that the:

  • Educational or related service needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or
  • Child’s parent or teacher requests a reevaluation.

Reevaluations have certain timeframe limitations, as they:

  • May not occur more than once a year, unless the parent and the LEA agree otherwise; and
  • Must occur at least once every 3 years, unless the parent and the LEA agree that a reevaluation is unnecessary.

Evaluation Procedures

The Individual with Disabilities Education Act (IDEA) regulations provide local education agencies (LEAs) with guidelines for conducting evaluations. The LEA must:

  • Provide notice to the parents of a child with a disability (or suspected disability) that describes any evaluation procedures the agency proposes to conduct;
  • Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent;
  • Not use any single measure or assessment as the sole criterion for determining whether a child has a disability and for determining an appropriate educational program for the child; and
  • Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

These tools and strategies may assist in determining:

  • Whether the child is a child with a disability according to federal guidelines; and
  • The content of the child’s individualized education program (IEP), including information related to enabling the child to be involved in and progress in the general education curriculum (or appropriate activities, for preschool-age children).

To ensure LEAs are conducting appropriate evaluations, the IDEA regulations note several assurances that LEAs must follow, including:

  • Making sure evaluation materials are not discriminatory on a racial or cultural basis;
  • They are provided and administered in the child’s native language or other mode of communication; and
  • Are tailored to assess specific areas of educational need.

Review of Existing Evaluation Data (REED)

As part of an initial evaluation (if appropriate) and as part of any reevaluation, the admission, review and dismissal (ARD) committee must complete a review of existing evaluation data (REED) to identify what additional data, if any, are needed to determine:

  • The scope of the evaluation;
  • Whether the child is a child with a disability and needs special education and related services (or, in the case of a reevaluation, continues to have such a disability and need special education and related services);
  • The present levels of academic achievement and functional performance (PLAAFP) of the child; and
  • Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the child’s individualized education program (IEP) and to participate, as appropriate, in the general education curriculum.

The REED data can include current evaluations, information provided by the parents of the child, current classroom-based/local/state assessment, classroom observations, observations and information from teachers and related service providers. The review of existing data can take place outside of an ARD committee meeting.

If the ARD committee determines that no additional data are needed to determine whether the child continues to have a disability or to determine the child’s educational needs, the local education agency (LEA) must notify the child’s parents of:

  • That determination and reasons for the determination; and
  • The parent’s right to request an assessment.

Disability Criteria

The IDEA and Texas Administrative Code (TAC) provide explanations of the criteria for disability condition determination.

Eligibility Determination

Upon completion of the evaluation, the admission, review and dismissal (ARD) committee will determine whether or not the child is a child with a disability and the educational needs of the child. The local education agency (LEA) will provide a copy of the evaluation report and documentation of the ARD committee meeting to the parent at no cost.

Timelines

Initial Evaluation:

  • Not later than 45 school days from date on which the local education agency (LEA) receives written consent for the evaluation from the child’s parent, except that if a student has been absent from school during that period on three (3) or more school days, that period must be extended by a number of school days equal to the number of school days during that period on which the student has been absent.[19 TAC §89.1011(c)(1)]
  • If the LEA received consent for the evaluation from the child’s parent at least 35 but less than 45 school days before the last instructional day of the school year, the evaluation report must be provided to the parent no later than June 30th of that year.
  • If the child was absent from school three or more days between the time that the school district received written consent and the last instructional day of the school year, the evaluation report must be completed not later than the 45th school day following the date on which the LEA received written consent, plus the number of school days the child was absent. [19 TAC §89.1011(e)]
  • For children under five (5) years of age by September 1 of the school year and not enrolled in public school and for children enrolled in a private or home school setting, not later than the 45th school day following the date on which the school district receives written consent for the evaluation from the child’s parent. [19 TAC §89.1011(c)(2)]

Reevaluation

A reevaluation must occur

  • Not more frequently than once a year, unless the parent and the LEA agree otherwise; and
  • At least once every 3 years unless the parent and the LEA agree that a reevaluation is unnecessary.