Special Education Referral Process

Special Education Referral Process

What's Required:

Each public agency must conduct a full and individual initial evaluation before the initial provision of special education and related services to a child with a disability 34 CFR 300.301(a). The initial evaluation must be conducted within 45 school days of receiving parental consent for the evaluation. The purpose of the evaluation is to determine if the child is a child with a disability 34 CFR 300.8(a)(1) under the Individuals with Disabilities Education Act (IDEA)and to determine the educational needs of the child 34 CFR 300.301(c)(2)

What We Do

Initial Evaluation

Hays CISD must conduct an Initial Full and Individual Evaluation (FIE) in accordance with federal and state laws before the initial provision of special education and related services to a child with a disability. The initial evaluation must consist of procedures to determine whether a child is a child with a disability and identification of the educational needs of the child.

Identification of Evaluation Team Members

When an Initial referral packet is completed, the evaluation team member conducting the assessment receives the referral packet and identifies suspected area(s) of disability to be assessed. The evaluation team member that receives the packet is responsible for contacting parent(s) to review the information, provide Prior Written Notice of Evaluation, a copy of The Admission, Review, Dismissal Guide and Procedural Safeguards, and to obtain parent signature on the Consent for Initial Evaluation. Campus evaluation personnel should inform the Special Education Supervisor if an evaluation is recommended but parental consent cannot be obtained. The district may wish to continue to pursue an evaluation through mediation or by filing for a due process hearing through the Texas Education Agency.

Once consent is obtained, the evaluation team member then notifies any other staff involved in the evaluation process for the student of their role in the evaluation process and assessments requested.

Evaluation team members could include, but are not limited to:

  • Educational Diagnostician

  • Licensed Specialist in School Psychology (LSSP)

  • Speech-Language Pathologist

  • Occupational Therapist

  • Physical Therapist

  • Adapted PE

  • Certified Teacher of the Visually Impaired (CTVI)

  • At least one teacher or other specialist with knowledge in the area of suspected disability

  • Additional appropriately qualified evaluation team members, according to the suspected area(s) of disability

In order to document participation in the evaluation process, a multi-disciplinary team will complete the determination of disability report. Evaluation is considered complete once the MDT signs a determination of disability report for all special education disability conditions assessed.

The evaluation team member that obtains consent calculates and informs evaluation team members of the evaluation due date (within 45 school days of the district receipt of signed parental Consent for Evaluation).

The Full and Individual Evaluation

The evaluation will be completed to determine whether a child is a child with a disability and the educational needs of such child.

  • Evaluations will be selected and administered by assessment staff so as not to be discriminatory on a racial, cultural, or gender basis.

  • Information from parents will be included, which will aid in determining disability eligibility and may be used for the development of the Individualized Education Plan (IEP).

  • Evaluation will include the observation of someone other than the classroom teacher. The child must be observed in the learning environment in which difficulties are documented to gain information regarding academic performance and behavior in the areas of difficulty.

        • In determining if a child has a Specific Learning Disability (SLD), the team must decide to either:

        • Use the information from an observation in routine classroom instruction and monitoring of the child's performance that was conducted prior to the child being referred for an evaluation, or

        • Have at least one member of the team conduct an observation of the child's academic performance in the regular education classroom after the child has been referred for an evaluation.

  • The evaluator selects and uses a variety of evaluation tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent that may assist in determining whether the child is a child with a disability. This information will also be utilized to assist in developing the content of the child's IEP and will include information related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool children, to participate in appropriate activities.

  • The evaluator uses technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

  • The evaluator uses evaluation materials to assess the child so as not to be discriminatory in a racial, cultural, or gender basis. The evaluation is provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, to the extent practicable. The evaluation instruments used must be valid and reliable, and must be administered by trained, knowledgeable personnel, and are administered in accordance with the instructions provided by the publisher.

  • The evaluator chooses evaluation instruments to include those tailored to evaluate specific areas of educational need and not merely those designed to provide a single general intelligence quotient.

  • Evaluates the student in all areas of suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor skills.

  • Evaluation tools are selected and utilized so as to ensure the evaluation results accurately reflect the child’s aptitude or achievement level or any other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those are the skills the instrument purports to measure). Selects evaluation tools and strategies that provide relevant information that directly assists in determining the educational needs of the child.

  • An evaluation is completed that is sufficiently comprehensive to identify all the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been identified.

  • Information is gathered during the course of evaluation related to the child’s involvement and progress in the general educational curriculum.

  • Speech/Language Pathologist completes speech/language evaluation where indicated.

  • Related Services Personnel or School Nurse complete the related services evaluation where indicated and provide reports.

        • Nursing services may be recommended by an ARD Committee as a related service under the category of Health Services after an evaluation is completed.

        • A health care plan, which is developed based on a physician’s orders, constitutes the required assessment.

        • Upon recommendation of nursing services by the ARD Committee, district administration considers how these services can be provided.

  • In Hays CISD, nursing services are provided by a nurse employed by the school unless the district works with the parent, or an outside agency, to provide services. If the district and parent agree to one of these options, the district will follow the Health Services Department procedures for use of Non-School District Nursing Services. (See Section IV of Operating Guidelines).

Evaluation Timelines

As of September 1, 2013, a written report of a full individual and initial evaluation of a student for purposes of special education services shall be completed as follows, except as otherwise provided by this section (1) not later than the 45th school day following the date on which the school district, receives written consent for the evaluation, signed by the student ’s parent or legal guardian, except that if a student has been absent from school during that period on three or more 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; or (2) for students under five years of age by September 1 of the school year and not enrolled in public school and for students 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, signed by a student’s parent or legal guardian.

If a school district receives written consent signed by a student’s parent or legal guardian for a full individual and initial evaluation of a student at least 35 but less than 45 school days before the last instructional day of the school year, the evaluation must be completed and the written report of the evaluation must be provided to the parent or legal guardian not later than June 30 of that year.

OR

If a district receives written consent signed by a student ’s parent or legal guardian less than 35 school days before the last instructional day of the school year or if the district receives the written consent at least 35 but less than 45 school days before the last instructional day of the school year but the student is absent from school during that period on three or more days, the evaluation report must be completed no 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.

The student’s admission, review and dismissal committee shall meet not later than the 15th school day of the following school year to consider the evaluation.

If the child 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 initial evaluation, the new LEA must coordinate with the previous LEA as necessary and as expeditiously as possible to ensure a prompt completion of the evaluation according to the CHILDREN WHO TRANSFER framework. (http://framework.esc18.net/display/webforms/ESC18-FW-Summary.aspx?FID=108).

School day does not include a day that falls after the last instructional day of the spring school term and before the first instructional day of the subsequent fall term.

The child is considered absent for the school day if the child is not in attendance at the school's official attendance taking time or at the alternate attendance taking time set for that child.

The child is considered in attendance if the child is off campus participating in an activity that is approved by the school board and is under the direction of a professional staff member of the LEA, or an adjunct staff member who has a minimum of a bachelor's degree and is eligible for participation in the Teacher Retirement System of Texas.

This rule does not impair any rights of an infant or toddler with a disability who is receiving early intervention services. Please refer to the chart below for a graphic explanation of the timelines for initial referrals for special education services.

Timeline for Initial Evaluation

RTI Process for Students Currently Served by Special Education

We have an obligation to identify every area of suspected disability. The main issue in considering referral for students already receiving special education services is whether the referral will limit the student’s access to the general education curriculum or their ability to participate in the same statewide assessment as their non-disabled, “typically developing” peers. Each student must be considered individually; some may move through the process more quickly

PPCD: Requesting additional evaluation for a child currently being served in a PPCD classroom does not require a return to RTI. If additional disability is being considered, the PPCD teacher should notify the campus assessment person and the Early Childhood Coordinator. Data will be reviewed and an observation will take place. The team will determine if the student may benefit from additional instructional strategies or if an evaluation is needed.

Suspected Learning Disability: If a student has a weakness in an academic area, the RTI Process should be followed or if warranted an evaluation for SLD should be conducted. NOTE: Lack of RTI will not be used as a reason to delay conducting an evaluation if an disability is suspected in this area.

Other Suspected Disabilities: If campus staff, parent, or another service provider have data/history which supports the suspicion of an additional disability, a staffing or ARD must be scheduled to discuss the concern. The team should include, but is not limited to, a general education teacher who knows the student, all special education service providers, and evaluation staff. (The SLP must be included if a speech impairment is suspected.) This team will make the decision whether to proceed with a re-evaluation or if there is a need to gather more information before moving forward.

Obvious Need: Generally, “obvious need” placement is reserved for a very small group of students. These students enroll in the district with no special education records. They “appear” to “need” the services and protections available only through special education due to one or more of the following:

    • Severe cognitive delays which require a high level of supervision

    • Severe physical impairments or medical needs which warrant services that cannot be provided by general education. If one of more of the above conditions exists, the campus principal contacts Special Education Administration. Additionally, if the parent provides private reports, the reports should be shared with Special Education Administration and/or the Special Education Evaluation Services staff member. In order to place a student based on obvious needs, the RtI team must work closely with the campus evaluation staff. Simultaneously, the campus schedules a RTI meeting and begin to gather data. The following information should be included:

        • Vision and hearing screening (within one year)

        • Health and Social History Form (from parent)

        • Educational records from the previous school if available (including attendance and discipline)

        • Medical records if available

        • Current benchmarks if they have/can be administered

        • Work samples

        • Information from private service providers

        • Any other pertinent information that would assist in determining the scope of the evaluation and/or programming.

The RTI committee should also explore/access all available general education interventions/assistance/ services during this time.

The team has 45 school days to complete the requested evaluation/report and 30 calendar days to schedule the ARD and review the evaluation once consent has been signed.

Parent Request for Special Education Evaluation: If a parent or legal guardian makes a written request to a school district ’s director of special education services or to a district evaluation staff for a full individual and initial evaluation of a student, the district shall, not later than the 15th school day after the date the district receives the request, provide an opportunity for the parent or legal guardian to give written consent for the evaluation; or refuse to provide the evaluation and provide the parent or legal guardian with a Notice of Decision/Prior Written Notice and the Notice of Procedural Safeguards. Campus evaluation staff should be notified immediately when a verbal or written request for evaluation is received from a parent. An RtI meeting/staffing could be held to review data with team members and the parent to review data collected concerning the request for evaluation.