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FEDERAL AND STATE REQUIREMENTS | |
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The Texas Education Agency (TEA) will produce and provide to the local education 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.
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The explanation must state that the parent is entitled at any time to request an evaluation of the student for special education services.
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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.
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Referral of students for an EVALUATION for possible special education and related services must be a part of the LEA’s overall multi-tiered system of academic and behavior supports.
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The TEA does not have a performance indicator in any agency monitoring system, including the performance-based monitoring analysis system, that solely measures an LEA's aggregated numbers or percentage of enrolled students who receive special education services.
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INTERVENTIONS AND SUPPORT SERVICES
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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.
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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 a full, individual, and initial evaluation (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. Citations: |
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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. Citations: |
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REFERRAL FOR INITIAL EVALUATION |
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A referral or request for an FIIE may be initiated at any time by LEA personnel, the student's parents or legal guardian, or another person involved in the education or care of the student.
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SCHOOL DISTRICT REFERRALS |
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If the student continues to experience difficulty in the general education classroom with the provision of interventions, the LEA must refer the student for an FIIE.
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For a student suspected of having a specific learning disability, the LEA must refer for an initial evaluation referral if the student has not made adequate progress after an appropriate period of time when provided:
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When a school district initiates the referral for an FIIE of a student, the district must provide the parent with: Citations: |
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WRITTEN PARENT REQUESTS |
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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, provide the parent with: Citations: |
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For students who are homeless or in substitute care, the LEA must also provide notice to the student's educational decision-maker and caseworker regarding requests or referrals for an evaluation under Section 504, or special education. Citations: |
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Before conducting an FIIE, the LEA must obtain from the parent CONSENT FOR INITIAL EVALUATION. Citations: |
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The LEA must comply with the SPECIAL EDUCATION ELIGIBILITY FOLDER framework for maintaining copies of referral data.
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