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Authority: 34 C.F.R. Part 300; Texas Education
Code (TEC); 19 T.A.C. Chapter 89 |
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FULL AND INDIVIDUAL
EVALUATION |
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Federal
and State Requirements
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Citations |
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Initial
Evaluations |
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Before
conducting the initial evaluation, conduct a
Determination of Needed
Evaluation Data, if appropriate. |
300.533
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Conduct
and date initial evaluation for each student being considered for special education
and related services. |
300.320(a)
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Ensure
that a full and individual evaluation is conducted for each student
being
considered for special education and related services: |
300.320(a)
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- To determine whether the
student is a student with a disability.
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300.320(a)(1)
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- To determine the educational
needs of the student.
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300.320(a)(2)
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Conduct
initial evaluation according to the
Procedures for Evaluation.
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300.320(b)(1)
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Conduct
the evaluation using procedures that are appropriate for
the student's most proficient method of communication. |
TEC 29.004
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Conduct
a full and individual initial evaluation before the initial provision of special education and
related services to a student with a disability under the IDEA. |
300.531
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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
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The ARD committee shall make
its decisions regarding students referred for a full and individual
initial evaluation within 30 calendar days from the date of the completion
of the written full and individual initial evaluation report. If the 30th
day falls during the summer and school is not in session, the ARD
committee shall have until the first day of classes in the fall to
finalize decisions concerning the initial eligibility determination, the
IEP, and placement, unless the full and individual initial evaluation
indicates that the student will need extended school year (ESY) services
during that summer. |
89.1050(d)
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Reevaluations |
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Before
conducting any reevaluation, conduct a
Determination of Needed Evaluation Data. |
300.533
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Conduct
and date a reevaluation: |
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300.536(b)
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- If conditions warrant (i.e. ARD request).
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300.536(b)
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- If the student’s parent requests.
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300.536(b)
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- If the student's teacher requests.
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300.536(b)
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- Before determining that the
student is no longer a student with
a disability (unless dismissal is due to graduation with a regular high
school diploma or exceeding age eligibility for a free appropriate
public education).
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300.534(c)
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Conduct
reevaluation according to the
Procedures for Evaluation. |
300.321(a)
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Procedures for Evaluation |
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Administer
tests and other evaluation materials as may be needed to produce the data
identified in the
Determination of Needed Evaluation Data. |
300.533(c)
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A
multidisciplinary team collects or reviews evaluation data in connection
with the determination of a student’s eligibility. |
89.1040(b)
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Ensure
that tests and other evaluation materials used to assess a student are
selected and administered so as not to be discriminatory on a racial
or cultural basis.
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300.532(a)(1)(i)
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Ensure
that tests and other evaluation materials used to assess a student are
provided and administered in the student's native language or other mode
of communication, unless it is clearly not feasible to do so.
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300.532(a)(1)(ii)
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Ensure
that materials and procedures used to assess a student with limited English
proficiency are selected and administered to ensure that they measure
the extent to which the student has a disability and needs special education,
rather than measuring the student's English language skills.
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300.532(a)(2)
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Include a variety of assessment tools and strategies to gather relevant functional
and developmental information about the student that may assist in
determining whether the student
is a student
with a disability. |
300.532(b)(1)
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- 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.
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300.7(a)(1)
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- 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.
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300.7(a)(2)
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- 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.
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300.26(a)(1)
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Include a variety of assessment tools and strategies to gather relevant functional
and developmental information about the student that may assist in
determining the content
of the student's
IEP. |
300.532(b)(2)
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Sources of data must include: |
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- Information
provided by the parent.
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300.532(b)
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- Information related
to enabling the student
to be involved in and progress in the general
curriculum.
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300.532(b)
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- For a preschool
student, information related to enabling the student to participate in
appropriate activities.
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300.532(b)
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Assess in all areas
related to suspected disability, including if appropriate:
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300.532(g)
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300.532(g)
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300.532(g)
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300.532(g)
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300.532(g)
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300.532(g)
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300.532(g)
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300.532(g)
300.346(a)(2)(iii)
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300.532(g)
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300.532(g)
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Use
tests and other evaluation materials including those tailored to assess
specific areas of educational need and not merely those that are designed
to provide a single general intelligence quotient. |
300.532(d)
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Ensure
that any standardized tests that are given to a student are validated for
the specific purpose for which they are used. |
300.532(c)(1)(i)
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Ensure
that any standardized tests that are given to a student are administered
by trained and knowledgeable personnel in accordance with any instructions
provided by the producer of the tests. |
300.532(c)(1)(ii)
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If
an assessment is not conducted under standard conditions, provide in the
evaluation report a description of the extent to which it varied from
standard conditions (e. g., the qualifications of the person administering
the test, or the method of test administration). |
300.532(c)(2)
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Use
technically sound instruments that may assess the relative contribution
of cognitive and behavioral factors, in addition to physical or developmental
factors.
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300.532(i)
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Select
and administer tests so as best to ensure that if a test is administered
to a student with impaired sensory, manual, or speaking skills, the test
results accurately reflect the student's aptitude or achievement level
or whatever other factors the test purports to measure, rather than
reflecting the student's impaired sensory, manual, or speaking skills
(unless those skills are the factors that the test purports to measure).
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300.532(e)
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Include
more than one
procedure for determining:
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300.532(f)
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300.532(f)
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300.532(f)
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Include relevant
information that directly assists persons in determining the educational
needs of the student.
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300.532(j)
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When
evaluating each student with
a disability, the evaluation is sufficiently comprehensive to identify
all of
the special
education needs and related
(supportive) services as are required to assist a student
with a disability to benefit from special education, whether or not
they are
commonly linked to the disability category in which the student has
been classified.
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300.532(h)
300.24(a)
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The
determination of whether a student is eligible is made by the student's
ARD
committee.
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89.1040(b)
300.534(a)(1)
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The ARD committee shall make its
decisions regarding students referred for a full and individual initial
evaluation within 30 calendar days from the date of the completion of
the written full and individual initial evaluation report. If the 30th
day falls during the summer and school is not in session, the ARD
committee shall have until the first day of classes in the fall to
finalize decisions concerning placement and the IEP, unless the full and
individual initial evaluation indicates that the student will need
extended year services during that summer. |
89.1050(d). |
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A student with a disability who is 18 years of age
or older or whose disabilities of minority have been removed for general
purposes under Chapter 31, Family Code, shall have the same right to make
educational decisions as a student without a disability, except that the
school district shall provide any notice required by IDEA, Part B to both
the student and the parents. All other rights accorded to parents
under IDEA, Part B transfer to the student. All rights accorded to
parents under IDEA, Part B transfer to students who are incarcerated in an
adult or juvenile, state or local correctional institution. See
Notice of Transfer of Parental
Rights. |
TEC 29.017 |