| (a) Referral of students for a full individual and
initial evaluation (FIIE) for possible special education and related
services must be a part of the school district's multi-tiered system
of academic and behavioral supports. 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. 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 an 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. A referral or request
for an FIIE 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. 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.
(b) 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:
(1) provide the parent with prior written notice of
its proposal to conduct an evaluation consistent with 34 Code of Federal
Regulations (CFR), §300.503; a copy of the procedural safeguards
notice required by 34 CFR, §300.504; a copy of the Overview of
Special Education for Parents form created by the Texas Education
Agency (TEA); and an opportunity to give written consent for the evaluation;
or
(2) provide the parent with prior written notice of
its refusal to conduct an evaluation consistent with 34 CFR, §300.503;
a copy of the Overview of Special Education for Parents form created
by TEA; and a copy of the procedural safeguards notice required by
34 CFR, §300.504.
(c) When a school district initiates the referral for
an FIIE of a student, the district must provide the parent with the
information and materials described in subsection (b)(1) of this section.
(d) Except as otherwise provided in this section, a
written report of an FIIE of a student must be completed as follows:
(1) not later than the 45th school day following the
date on which the school district receives written consent for the
evaluation from the student's parent, except that if a student has
been absent from school during that period on three or more school
days, that period must be extended by a number of school days equal
to the number of school days during that period on which the student
has been absent; or
(2) for students under five years of age by September
1 of the school year and not enrolled in public school and for students
enrolled in a private or home school setting, not later than the 45th
school day following the date on which the school district receives
written consent for the evaluation from the student's parent.
(e) Notwithstanding the timelines in subsections (d)
and (g) of this section, if the school district received the written
consent for the evaluation from the student's parent:
(1) at least 35 but less than 45 school days before
the last instructional day of the school year, the written report
of an FIIE of a student must be provided to the student's parent not
later than June 30 of that year;
(2) at least 35 but less than 45 school days before
the last instructional day of the school year but the student was
absent three or more school days between the time that the school
district received written consent and the last instructional day of
the school year, the timeline in subsection (d)(1) of this section
applies to the date the written report of the FIIE must be completed;
or
(3) less than 35 school days before the last day of
the school year, the timeline in subsection (d)(1) of this section
applies to the date the written report of the FIIE must be completed.
(f) If a student was in the process of being evaluated
for special education eligibility by a school district and enrolls
in another school district before the previous school district completed
the FIIE, the new school district must coordinate with the previous
school district as necessary and as expeditiously as possible to ensure
a prompt completion of the evaluation in accordance with 34 CFR, §300.301(d)(2)
and (e) and §300.304(c)(5). The timelines in subsections (d)
and (g) of this section do not apply in such a situation if:
(1) the new school district is making sufficient progress
to ensure a prompt completion of the evaluation; and
(2) the parent and the new school district agree to
a specific time when the evaluation will be completed.
(g) The admission, review, and dismissal (ARD) committee
must make its decisions regarding a student's initial eligibility
determination and, if appropriate, individualized education program
(IEP) and placement within 30 calendar days from the date of the completion
of the written FIIE report. If the 30th day falls during the summer
and school is not in session, the ARD committee must meet not later
than the 15th school day of the following school year to finalize
decisions concerning the student's initial eligibility determination,
and, if appropriate, IEP and placement. If the 30th day falls during
the summer and school is not in session but an FIIE report indicates
that the student would need extended school year services during that
summer, the ARD committee must meet as expeditiously as possible after
completion of the report.
(h) A copy of the written FIIE report must be provided
to the parent as soon as possible after completion of the report but
no later than five school days prior to the initial ARD committee
meeting, which will determine a student's initial eligibility under
subsection (g) of this section, or not later than June 30 if subsection
(e)(1) of this section applies.
(i) For purposes of subsections (b), (d), (e), and
(g) of this section, school day does not include a day that falls
after the last instructional day of the spring school term and before
the first instructional day of the subsequent fall school term. In
the case of a school that operates under a school year calendar without
spring and fall terms, a school day does not include a day that falls
after the last instructional day of one school year and before the
first instructional day of the subsequent school year.
(j) For purposes of subsections (d)(1) and (e) of this
section, a student is considered absent for the school day if the
student is not in attendance at the school's official attendance taking
time or alternative attendance taking time as described in the Student Attendance Accounting Handbook, adopted
by reference under §129.1025 of this title (relating to Adoption
by Reference: Student Attendance Accounting Handbook).
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| Source Note: The provisions of this §89.1011 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 16, 2003, 28 TexReg 9830; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective February 15, 2018, 43 TexReg 763; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective July 30, 2024, 49 TexReg 5507 |
