REFERRAL FOR POSSIBLE SPECIAL EDUCATION SERVICES

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(c)  The agency shall produce and provide to school districts 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.  The explanation must state that a parent is entitled at any time to request an evaluation of the parent's child for special education services under Section 29.004 or for aids, accommodations, or services under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).  Each school year, each district shall provide the written explanation to a parent of each district student by including the explanation in the student handbook or by another means.
. . . 
Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: February 24, 2022

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(c)  The agency shall produce and provide to school districts 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.  The explanation must state that a parent is entitled at any time to request an evaluation of the parent's child for special education services under Section 29.004 or for aids, accommodations, or services under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).  Each school year, each district shall provide the written explanation to a parent of each district student by including the explanation in the student handbook or by another means.
. . . 
Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: February 24, 2022

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(c)  The agency shall produce and provide to school districts 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.  The explanation must state that a parent is entitled at any time to request an evaluation of the parent's child for special education services under Section 29.004 or for aids, accommodations, or services under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).  Each school year, each district shall provide the written explanation to a parent of each district student by including the explanation in the student handbook or by another means.
. . . 
Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: February 24, 2022

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.


(a)  Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted.If the student continues to experience difficulty in the general classroom with the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A referral for a full individual and initial evaluation 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.
. . . 
 

Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

Texas Education Code § 29.0011. Prohibited Performance Indicator.

(a) Notwithstanding Section 29.001(5), Section 29.010, or any other provision of this code, the commissioner or agency may not adopt or implement a performance indicator in any agency monitoring system, including the performance-based monitoring analysis system, that solely measures a school district’s or open-enrollment charter school’s aggregated number or percentage of enrolled students who receive special education services. 
. . . 

Last Amended: 85th Leg., R.S., Ch. 59 (S.B. 160), Sec. 1, eff. May 22, 2017 
Entered: July 31, 2017

19 Texas Administrative Code § 74.28. Students with Dyslexia and Related Disorders. 

. . . 
(c) A school district's or open-enrollment charter school's procedures must be implemented according to the State Board of Education (SBOE) approved strategies for screening, individualized evaluation, and techniques for treating dyslexia and related disorders. The strategies and techniques are described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders" provided in this subsection. The handbook is a set of guidelines for school districts and open-enrollment charter schools that may be modified by the SBOE only with broad-based dialogue that includes input from educators and professionals in the field of reading and dyslexia and related disorders from across the state. 

Attached Graphic
. . . 


Last Amended:  February 10, 2022, 47 TexReg 504
Entered: February 23, 2022

19 Texas Administrative Code § 74.28. Students with Dyslexia and Related Disorders. 

. . . 
(j) Because early intervention is critical, a process for early identification, intervention, and support for students at risk for dyslexia and related disorders must be available in each district and open-enrollment charter school as outlined in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." School districts and open-enrollment charter schools may not use early intervention strategies, including multi-tiered systems of support, to delay or deny the provision of a full and individual evaluation to a child suspected of having a specific learning disability, including dyslexia or a related disorder. 
. . . 


Last Amended:  February 10, 2022, 47 TexReg 504
Entered: February 23, 2022

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.


(a)  Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted.If the student continues to experience difficulty in the general classroom with the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A referral for a full individual and initial evaluation 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.
. . . 
 

Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.


(a)  Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted.If the student continues to experience difficulty in the general classroom with the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A referral for a full individual and initial evaluation 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.
. . . 
 

Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

34 Code of Federal Regulations § 300.301  Initial evaluations.  

. . . 
(b) Request for initial evaluation. Consistent with the consent requirements in §300.300, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.33  Public agency. 

Public agency includes the SEA, LEAs, ESAs, nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the State that are responsible for providing education to children with disabilities.


Last Amended:  71 FR 46760, Aug. 14, 2006
Entered:  June 9, 2009
SBS

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.


(a)  Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted.If the student continues to experience difficulty in the general classroom with the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A referral for a full individual and initial evaluation 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.
. . . 
 

Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

19 Texas Administrative Code § 74.28. Students with Dyslexia and Related Disorders. 

. . . 
(g) Before a full individual and initial evaluation is conducted to determine whether a student has a disability under the Individuals with Disabilities Education Act (IDEA), the school district or open-enrollment charter school must notify the student's parent or guardian or another person standing in parental relation to the student of its proposal to conduct an evaluation consistent with 34 Code of Federal Regulations (CFR), §300.503, provide all information required under subsection (f) of this section, and provide: 
(1) a copy of the procedural safeguards notice required by 34 CFR, §300.504; 
(2) an opportunity to give written consent for the evaluation; and 
(3) a copy of information required under Texas Education Code (TEC), §26.0081. 
. . . 


Last Amended:  February 10, 2022, 47 TexReg 504
Entered: February 23, 2022

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(h)  Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—   
    (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or   
    (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.   
. . . 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.300  Parental consent.   

(a) Parental consent for initial evaluation.         
    (1)              
       . . .                
       (iii) The public agency must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability.         
. . . 


Last Amended:  73 FR 73027, Dec. 1, 2008 
Entered:  December 8, 2008  

Texas Education Code § 25.007. Transition Assistance for Students Who are Homeless or in Substitute Care. 

. . .
(b) In recognition of the challenges faced by students who are homeless or in substitute care, the agency shall assist the transition of students who are homeless or in substitute care from one school to another by:
. . . 
(10) requiring school districts, campuses, and open-enrollment charter schools to provide notice to the child's educational decision-maker and caseworker regarding events that may significantly impact the education of a child, including:
(A) requests or referrals for an evaluation under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or special education under Section 29.003;
. . . 


Last Amended: 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019
86th Leg., R.S., Ch. 781 (H.B. 1709), Sec. 1, eff. June 10, 2019

34 Code of Federal Regulations § 300.300  Parental consent.   

(a) Parental consent for initial evaluation.         
    (1)              
       (i) The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under §300.8 must, after providing notice consistent with §§300.503 and 300.504, obtain informed consent, consistent with §300.9, from the parent of the child before conducting the evaluation.       
       (ii) Parental consent for initial evaluation must not be construed as consent for initial provision of special  education and related services.               
       (iii) The public agency must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability.         
    (2) For initial evaluations only, if the child is a ward of the State and is not residing with the child’s parent, the public agency is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if—               
       (i) Despite reasonable efforts to do so, the public agency cannot discover the whereabouts of the parent of the child;               
       (ii) The rights of the parents of the child have been terminated in accordance with State law; or               
       (iii) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.             
    (3)              
       (i) If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation under paragraph (a)(1) of this section, or the parent fails to respond to a request to provide consent, the public agency may, but is not required to, pursue the initial evaluation of the child by utilizing the procedural safeguards in subpart E of this part (including the mediation procedures under §300.506 or the due process procedures under §§300.507 through 300.516), if appropriate, except to the extent inconsistent with State law relating to such parental consent.               
       (ii) The public agency does not violate its obligation under §300.111 and §§300.301 through 300.311 if it declines to pursue the evaluation.        
. . .   


Last Amended:  73 FR 73027, Dec. 1, 2008 
Entered:  December 8, 2008  

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

. . .   
(c) The public agency must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the timeframes described in §§300.301 and 300.303, unless extended by mutual written agreement of the child’s parents and a group of qualified professionals, as described in §300.306(a)(1)— 
    (1) If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction, as described in paragraphs (b)(1) and (b)(2) of this section; and 
    (2) Whenever a child is referred for an evaluation. 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  Aug. 7, 2017

34 Code of Federal Regulations § 300.301  Initial evaluations.  

(a) General. Each public agency must conduct a full and individual initial evaluation, in accordance with §§300.304 and 300.306, before the initial provision of special education and related services to a child with a disability under this part.

(b) Request for initial evaluation. Consistent with the consent requirements in §300.300, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.

(c) Procedures for initial evaluation. The initial evaluation— 
   (1)
      (i) Must be conducted within 60 days of receiving parental consent for the evaluation; or       
      (ii) If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and 
   (2) Must consist of procedures— 
      (i) To determine if the child is a child with a disability under §300.8; and 
      (ii) To determine the educational needs of the child.

(d) Exception. The timeframe described in paragraph (c)(1) of this section does not apply to a public agency if— 
   (1) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or    
   (2) A child enrolls in a school of another public agency after the relevant timeframe in paragraph (c)(1) of this section has begun, and prior to a determination by the child's previous public agency as to whether the child is a child with a disability under §300.8.

(e) The exception in paragraph (d)(2) of this section applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed.


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  May 28, 2009
SBS

34 Code of Federal Regulations § 300.303  Reevaluations. 
 
(a) General. A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with §§300.304 through 300.311— 
    (1) If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or 
   (2) If the child’s parent or teacher requests a reevaluation. 
 
(b) Limitation.  A reevaluation conducted under paragraph (a) of this section— 
    (1) May occur not more than once a year, unless the parent and the public agency agree otherwise; and 
    (2) Must occur at least once every 3 years, unless the parent and the public agency agree that a reevaluation is unnecessary.

Last Amended:  71 FR 46785, Aug. 14, 2006
Entered:  June 8, 2009
SBS

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

. . .   
(c) The public agency must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the timeframes described in §§300.301 and 300.303, unless extended by mutual written agreement of the child’s parents and a group of qualified professionals, as described in §300.306(a)(1)— 
    (1) If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction, as described in paragraphs (b)(1) and (b)(2) of this section; and 
. . . 

Last Amended:  82 FR 31912, July 11, 2017
Entered:  Aug. 7, 2017

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

. . . 
(b) To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in §§300.304 through 300.306— 
    (1) Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  Aug. 7, 2017

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

. . .   
(c) The public agency must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the timeframes described in §§300.301 and 300.303, unless extended by mutual written agreement of the child’s parents and a group of qualified professionals, as described in §300.306(a)(1)— 
    (1) If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction, as described in paragraphs (b)(1) and (b)(2) of this section; and 
. . . 

Last Amended:  82 FR 31912, July 11, 2017
Entered:  Aug. 7, 2017

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

. . . 
(b) To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in §§300.304 through 300.306— 
. . . 
    (2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  Aug. 7, 2017

OSEP Letter to Ferrara (February 29, 2012)

OSEP 16-07 Memorandum to State Directors of Special Education, Preschool/619 State Coordinators, Head Start Directors (April 29, 2016)