19 Tex. Admin. Code § 89.1011 - Full Individual and Initial Evaluation
(a) Referral of students for a full
individual and initial evaluation (FIIE) for possible special education and
related services must be a part of the school district's multi-tiered system of
academic and behavioral supports. Students not making progress in the general
education classroom should be considered for all interventions and support
services available to all students, such as tutorial; compensatory; response to
evidence-based intervention; and other academic or behavior support services.
The school district cannot require a student to participate in interventions
and support services for any specific length of time prior to a referral being
made or an FIIE being conducted. If the student continues to experience
difficulty in the general education classroom with the provision of
interventions and support services or at any time district personnel suspect a
disability and a possible need for special education and related services,
district personnel must refer the student for an FIIE. A referral or request
for an FIIE may be initiated at any time by school personnel, the student's
parents or legal guardian, or another person involved in the education or care
of the student. While an FIIE is being conducted, a student must continue to
receive any necessary interventions and support services to target their
academic or behavioral needs.
(b)
If a parent submits a written request to a school district's director of
special education services or to a district administrative employee, such as a
campus principal, for an FIIE of a student, the school district must, not later
than the 15th school day after the date the district receives the request:
(1) provide the parent with prior written
notice of its proposal to conduct an evaluation consistent with 34 Code of
Federal Regulations (CFR), §300.503; a copy of the procedural safeguards notice
required by 34 CFR, §
300.504; a copy of the Overview of Special
Education for Parents form created by the Texas Education Agency (TEA); and an
opportunity to give written consent for the evaluation; or
(c) When a school district initiates the
referral for an FIIE of a student, the district must provide the parent with
the information and materials described in subsection (b)(1) of this
section.
(d) Except as otherwise
provided in this section, a written report of an FIIE of a student must be
completed as follows:
(1) not later than the
45th school day following the date on which the school district receives
written consent for the evaluation from the student's parent, except that if a
student has been absent from school during that period on three 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;
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 from the student's
parent.
(e)
Notwithstanding the timelines in subsections (d) and (g) of this section, if
the school district received the written consent for the evaluation from the
student's parent:
(1) at least 35 but less
than 45 school days before the last instructional day of the school year, the
written report of an FIIE of a student must be provided to the student's parent
not later than June 30 of that year;
(2) at least 35 but less than 45 school days
before the last instructional day of the school year but the student was absent
three or more school days between the time that the school district received
written consent and the last instructional day of the school year, the timeline
in subsection (d)(1) of this section applies to the date the written report of
the FIIE must be completed; or
(3)
less than 35 school days before the last day of the school year, the timeline
in subsection (d)(1) of this section applies to the date the written report of
the FIIE must be completed.
(f) If a student was in the process of being
evaluated for special education eligibility by a school district and enrolls in
another school district before the previous school district completed the FIIE,
the new school district must coordinate with the previous school district as
necessary and as expeditiously as possible to ensure a prompt completion of the
evaluation in accordance with
34 CFR, §
300.301(d)(2) and (e) and §
300.304(c)(5).
The timelines in subsections (d) and (g) of this section do not apply in such a
situation if:
(1) the new school district is
making sufficient progress to ensure a prompt completion of the evaluation;
and
(2) the parent and the new
school district agree to a specific time when the evaluation will be
completed.
(g) The
admission, review, and dismissal (ARD) committee must make its decisions
regarding a student's initial eligibility determination and, if appropriate,
individualized education program (IEP) and placement within 30 calendar days
from the date of the completion of the written FIIE report. If the 30th day
falls during the summer and school is not in session, the ARD committee must
meet not later than the 15th school day of the following school year to
finalize decisions concerning the student's initial eligibility determination,
and, if appropriate, IEP and placement. If the 30th day falls during the summer
and school is not in session but an FIIE report indicates that the student
would need extended school year services during that summer, the ARD committee
must meet as expeditiously as possible after completion of the
report.
(h) A copy of the written
FIIE report must be provided to the parent as soon as possible after completion
of the report but no later than five school days prior to the initial ARD
committee meeting, which will determine a student's initial eligibility under
subsection (g) of this section, or not later than June 30 if subsection (e)(1)
of this section applies.
(i) For
purposes of subsections (b), (d), (e), and (g) of this section, 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
school term. In the case of a school that operates under a school year calendar
without spring and fall terms, a school day does not include a day that falls
after the last instructional day of one school year and before the first
instructional day of the subsequent school year.
(j) For purposes of subsections (d)(1) and
(e) of this section, a student is considered absent for the school day if the
student is not in attendance at the school's official attendance taking time or
alternative attendance taking time as described in the Student
Attendance Accounting Handbook, adopted by reference under §
129.1025 of this title (relating
to Adoption by Reference: Student Attendance Accounting Handbook).
Notes
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