REFERRAL FOR POSSIBLE SPECIAL EDUCATION SERVICES  
 
Authorities: 34 C.F.R. Part 300; Texas Education Code; 19 T.A.C. Chapters 89 
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P The Texas Education Agency will produce and provide to the local educational agencies (LEAs) a written explanation of the options and requirements for providing assistance to students who have learning difficulties or who need or may need special education. TEC 26.0081(c)

P The explanation must state that the parent is entitled at any time to request an evaluation of the student for special education services. TEC 26.0081(c)

P Each school year, each LEA must provide the written explanation to the parent of each student enrolled in the LEA by including the explanation in the student handbook or by another means. TEC 26.0081(c)

P Referral of students for an EVALUATION for possible special education services must be a part of the LEA’s overall, general education referral or screening system. 89.1011(a)

REFERRAL FOR INITIAL EVALUATION


P Either the parent of the student, a state educational agency, an LEA, an educational service agency (ESA), or a nonprofit public charter school that is not otherwise included as and not a school of an LEA or ESA, and any other political subdivision of the state that is responsible for providing education to children with disabilities, may initiate a request for an initial evaluation to determine if the student is a child with a disability. 300.301(b)
300.33
89.1011(a)

P If the student continues to experience difficulty in the general education classroom after the provision of intervention, the LEA must refer the student for an initial evaluation. 89.1011(a)

P Whenever a student is referred for an initial evaluation, the LEA must provide PRIOR WRITTEN NOTICE of its proposal or refusal to evaluate the student. 300.503(a)
300.300(a)(1)(iii)

P Before conducting a full individual and initial evaluation, the LEA must obtain from the parent CONSENT FOR INITIAL EVALUATION. 300.300(a)

P For a student suspected of having a specific learning disability, the LEA must refer for an initial evaluation including by providing prior written notice, and promptly request consent for initial evaluation if, prior to a referral, the student has not made adequate progress after an appropriate period of time when provided: 300.309(c)
300.301
300.303

P
  • Appropriate instruction in regular education settings, delivered by qualified personnel as demonstrated by the data; and
300.309(c)(1)
300.309(b)(1)

P
  • Repeated assessments of achievement at reasonable intervals, reflecting formal assessment of the student's progress during instruction, which was data-based, documented, and provided to the student's parent.
300.309(c)(1)
300.309(b)(2)

P The LEA must comply with the SPECIAL EDUCATION ELIGIBILITY FOLDER framework for maintaining copies of referral data. 

 
 
Last Updated: Wednesday, March 29, 2017