|
Authority: 34 C.F.R. Part 300; 19
T.A.C. Chapter 89, Texas Education Code (TEC); |
|
INITIAL
REFERRAL FOR EVALUATION |
|
|
FEDERAL
AND STATE
REQUIREMENTS |
CITATIONS |
|
|
Referral
of students for a full and individual initial evaluation for possible
special education services shall be a part of the district’s overall,
general education referral or screening system.
|
89.1011
TEC 38.016(c)(1) |
|
|
All children with
disabilities residing in the State, including children with disabilities
attending private schools, regardless of the severity of their
disability, and who are in need of special education and related
services, shall be identified, located, and evaluated.
|
300.125(a)(1)(i)
|
|
|
-
The term child with a
disability means a child evaluated in accordance with Full
and Individual Evaluation as
having mental retardation, a hearing impairment including deafness, a
speech or language impairment, a visual impairment including blindness,
serious emotional disturbance (hereafter referred to as emotional
disturbance), an orthopedic impairment, autism, traumatic brain injury,
an other health impairment, a specific learning disability,
deaf-blindness, or multiple disabilities, and who, by reason thereof,
needs special education and related services.
|
300.7(a)(1)
|
|
|
-
If
it is determined, through an appropriate Full
and Individual Evaluation, that
a child has one of the disabilities, but only needs a related service
(under Federal and State standards) and not special education, the child
is not a child with a disability under IDEA.
|
300.7(a)(2)
|
|
|
-
The term special education
means specially designed instruction, at no cost to the parents, to meet
the unique needs of a student with a disability.
|
300.26(a)(1)
|
|
|
-
Specially-designed
instruction means adapting, as appropriate to the needs of an eligible
student under this part, the content, methodology, or delivery of
instruction:
|
300.26(b)(3)
|
|
|
- To address the unique
needs of the student that result from the student's disability.
|
300.26(b)(3)(i) |
|
|
- AND to
ensure access of the student to the general curriculum, so that he
or she can meet the educational standards within the jurisdiction of
the public agency that apply to all students.
|
300.26(b)(3)(ii)
|
|
|
- The obligation to make FAPE
available to each eligible child residing in the State begins no
later than the child's third birthday; and an IEP must be in effect
for the child by that date.
|
300.121(c)(1)
|
|
|
- If a child's third birthday
occurs during the summer, the child's IEP team shall determine the
date when services under the IEP will begin.
|
300.121(c)(2)
|
|
|
These child find
requirements apply to:
|
300.125(a)(2) |
|
|
- Highly mobile children
with disabilities (such as migrant and homeless children).
|
300.125(a)(2)(i) |
|
|
- Children who are
suspected of being a child with a disability and in need of special
education, even though they are advancing from grade to grade.
|
300.125(a)(2)(ii) |
|
|
Document
that prior to referral, the student was considered for all support services
available to all students, such as: |
89.1011 |
|
|
|
89.1011 |
|
|
|
89.1011 |
|
|
|
89.1011 |
|
|
Document
that the student continued to experience difficulty in the general classroom
after the provision of interventions. |
89.1011
|
|
|
Provide
a copy of the
procedural safeguards notice. |
300.504(a)(1) |
|
|
Provide a copy of A
Guide
to the Admission, Review, & Dismissal Process
as soon as practicable after a child is referred to determine the child's
eligibility for admission into the district's special education program,
but at least five school days before the date of the initial meeting of
the admission, review, and dismissal committee. |
TEC
26.0081(b)(1) |
|
|
Conduct
a
Determination of Needed Evaluation
Data,
if appropriate. |
300.533
|
|
|
Provide
Notice of
Evaluation. |
300.503(a)(1)(i)
|
|
|
Obtain
CONSENT FOR A FULL AND INDIVIDUAL EVALUATION. |
300.505(a)(1)(i)
|
|
|
A written report for a full
individual and initial evaluation of a student shall be completed not
later than sixty calendar days following the date on which the school
district receives written consent for the evaluation signed by the
student's parent or legal guardian. |
TEC 29.004
TEC
29.0041
|