(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 [overall,
general education referral or screening system]. Students not
making progress [experiencing difficulty] in the
general education classroom should be considered for all
interventions and 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
and support services for any specific length of time prior to
a referral being made or an FIIE [a full individual
and initial evaluation] being conducted. If the student continues
to not make expected progress [experience difficulty
in the general classroom] with the provision of interventions
and support services, district personnel must refer the student
for an FIIE [a full individual and initial evaluation].
A referral or request for an FIIE [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. 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 [a full individual and initial evaluation]
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)[(c)] Except as otherwise
provided in this section, a written report of an FIIE [a
full individual and initial evaluation] 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.
[(d)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 full individual and initial evaluation
report. If the 30th day falls during the summer and school is not
in session, the student's ARD committee has until the first day of
classes in the fall to finalize decisions concerning the student's
initial eligibility determination, IEP, and placement, unless the
full individual and initial evaluation indicates that the student
will need extended school year services during that summer.]
(e)Notwithstanding the timelines in subsections [(c)
and] (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 [a full individual and initial evaluation
] of a student must be provided to the student's parent not
later than June 30 of that year ; [. The student's
ARD committee must meet not later than the 15th school day of the
following school year to consider the evaluation. If, however, the
student was absent from school three or more days between the time
that the school district received written consent and the last instructional
day of the school year, the timeline in subsection (c)(1) of this
section applies to the date the written report of the full individual
and initial evaluation is required. If an initial evaluation completed
not later than June 30 indicates that the student will need extended
school year services during that summer, the ARD committee must meet
as expeditiously as possible.]
(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)
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 [full individual and initial evaluation],
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) [(c) and (e)] 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 no later than when the invitation to
the initial ARD committee meeting, which will determine a student's
initial eligibility under subsection (g) of this section, is sent
to the parent, or not later than June 30 if subsection (e)(1) of this
section applies.
(i)[(g)] For purposes of subsections
(b), (d), [(c), and] (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)[(h)] For purposes of subsections
(d)(1) [(c)(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 [
at the alternate] 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). [set for that student. A student
is considered in attendance if the student is off campus participating
in an activity that is approved by the school board and is under the
direction of a professional staff member of the school district, or
an adjunct staff member who has a minimum of a bachelor's degree and
is eligible for participation in the Teacher Retirement System of
Texas.]
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on March 11, 2024
TRD-202401103 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: April 21, 2024
For further information, please call: (512) 475-1497
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