Legal Guidelines and Knowledge of Learners · 11 min read
Child Find, Evaluation, and Eligibility
Child Find and the Teacher’s Responsibilities
Child Find is the district’s affirmative, ongoing duty to identify, locate, and evaluate every child from birth through age 21 who may have a disability and need special education. The duty covers children in private schools and home schools, children who are homeless or highly mobile (including migrant students), wards of the state, and students who are advancing from grade to grade. Passing grades do not end the obligation.
Classroom teachers are the people most likely to see the first signs. A teacher is not expected to diagnose; a teacher is expected to notice, document, and refer. The duty is triggered when the school has reason to suspect a disability and a need for special education, not when a disability is proven.
Watch for persistent difficulty in academics, communication, behavior, attention, motor skills, or social interaction that differs from peers despite quality instruction.
Keep dated work samples, screening and progress-monitoring data, intervention records, behavior observations, attendance, and notes from parent contacts.
Bring concerns promptly to the campus student support team or follow the district referral procedure. Tell parents they may request an evaluation in writing at any time.
Continue interventions and accommodations while the referral and evaluation proceed, and share data with the
INTERVENTIONS MAY NOT DELAY AN EVALUATION
A multi-tiered system of supports (MTSS) or response to intervention (RtI) gives struggling students help early, and its data are valuable in an evaluation. A district may not require a student to complete a set number of weeks or tiers before it will evaluate, and it may not use interventions to delay or deny an evaluation when a disability is suspected or a parent asks.
A second-grade teacher in Lubbock has provided Tier 2 reading intervention to Mateo for eight weeks. His progress- monitoring line is flat, he omits and reverses sounds, and his mother sends a note asking whether he can be tested for dyslexia. A colleague suggests waiting until he finishes Tier 3. The correct response is to forward the note immediately to the campus administrator or special education contact, because a parent’s written request starts a 15-school-day response period; to continue the intervention; and to compile the data for the evaluation team. In Texas, suspected dyslexia is evaluated
through the FIIE process.
From Referral to IEP: The Texas Process
A referral for a full individual and initial evaluation (FIIE) may come from a parent, school personnel, or another person involved in the child’s education or care. Texas sets a deadline for each step. Several are counted in school days and one in calendar days, and the exam expects you to know which is which.
FROM REFERRAL TO IEP: THE TEXAS TIMELINE
from the request from written consent
from the completed report after the meeting
15 school days 45 school days
30 calendar days as soon as possible
Written request Notice + consent FIIE report
ARD meeting IEP in effect
for an evaluation chance to consent
Then: IEP reviewed at least annually · Reevaluation at least every 3 years
Simplified schematic: the district answers a written request within 15 school days, completes the FIIE report within 45 school days of consent, and holds the ARD committee meeting within 30 calendar days of the report.
The response is prior written notice of the proposal to evaluate with the opportunity to consent, or prior written notice of refusal. The procedural safeguards are given either written request 15 school days
Informed written Starts the evaluation clock
Consent for evaluation is not consent for services.
Extended by the days absent when the student misses three or more school
FIIE completed Written report within 45 school days. The parent receives a copy of the report.
When consent arrives at least 35 but fewer than 45 school days before the
Late-spring Report by June 30 last instructional day; ARD meeting by the 15th school day of the next year.
The committee decides eligibility and, if the student is eligible, develops the
ARD committee Within 30 calendar days of the
IEP. Parents receive written notice at least 5 school days before the meeting.
Services cannot start without the parent’s written consent for the initial
Services begin As soon as possible after the
Either may occur sooner when data, a parent, or a teacher shows a need.
Review IEP at least annually; reevaluation at least every three years
Timeline items test units as much as numbers: 15 school days to respond to a written request, 45 school days from consent to the report, 30 calendar days from the report to the ARD meeting. A distractor will swap school days and calendar days or start the 45-day clock at the request instead of at consent.
What a Legally Sound FIIE Requires
The FIIE answers two questions: Does the student have a disability, and what are the student’s educational needs? A multidisciplinary team conducts it, for example an educational diagnostician or licensed specialist in school psychology (LSSP), a speech-language pathologist, teachers, and the parent as a source of information. It must meet federal
Assess all areas related to the suspected disability: health, vision, hearing, social and emotional status, general intelligence, academic performance, communication, and motor abilities, as appropriate. Use a variety of tools and strategies, including parent information, observations, and classroom data. No single measure
or score may be the sole criterion.
Select and administer instruments so they are not racially or culturally discriminatory, in the student’s native language or
other mode of communication.
Use technically sound instruments for the purposes for which they are valid, administered by trained and knowledgeable
personnel following the publisher’s instructions.
Be comprehensive enough to identify all special education and related service needs, whether or not they are commonly
linked to the disability category.
For an emergent bilingual student, gather language proficiency data and coordinate with the language proficiency
assessment committee (LPAC).
A diagnosis alone does not make a student eligible. The ARD committee must find both that the student meets the criteria for at least one disability category and that, because of the disability, the student needs specially designed instruction. A student with a disability who needs only accommodations may be protected under Section 504 instead.
Part 1 · Disability
The evaluation shows that the student meets Texas criteria for one or more eligibility categories.
Part 2 · Educational need
Because of the disability, the student needs specially designed instruction (adapted content, methodology, or delivery) to access and progress in the curriculum.
A student is not eligible if the determining factor is lack of appropriate instruction in reading (including its instruction essential components) or in mathematics.
Limited English proficiency may not be the determining factor. Compare the student with emergent bilingual peers who have similar language and schooling histories.
The learning problem may not be primarily the result of a visual, hearing, or motor disability; intellectual disability; emotional disability; cultural factors; or environmental or economic disadvantage.
A student who is socially maladjusted is not eligible under emotional disability unless the student also meets the criteria for that category.
IDEA lists 13 categories plus an optional developmental delay category. Texas rule uses its own wording for several of them. A category opens the door to services, but the IEP is built on the individual student’s needs, never on the label.
Visual supports, predictable routines, explicit social and communication instruction; build on strengths such as attention to detail and visual thinking.
Significantly affects verbal and nonverbal communication and social interaction, generally evident before age three; repetitive activities, resistance to change, unusual sensory responses. No
Combined hearing and visual loss creating needs that cannot be
Tactile learning, alternative communication systems, orientation and mobility training.
blindness met in a program for only one of the two.
Hearing loss, permanent or fluctuating, that affects educational performance. Requires an evaluation by a licensed audiologist and
Over a long period and to a marked degree: unexplained inability
Positive behavior supports, counseling as a related service, explicit teaching of self- regulation, a BIP when needed.
to learn, inability to maintain relationships, inappropriate behavior or feelings, pervasive unhappiness, or physical symptoms and
Intellectual functioning at least two standard deviations below the
Concrete, systematic instruction; task analysis; repetition; functional and academic skills taught for generalization.
mean (considering the standard error of measurement) with concurrent deficits in at least two areas of adaptive behavior.
Co-occurring disabilities whose combination creates needs too
Coordinated services across all areas of need; assistive technology; team planning.
severe for a program designed for one. Does not include deaf-
Severe physical impairment from a congenital condition, disease,
Accessible spaces, assistive technology, physical and occupational therapy, adapted physical education.
or other cause such as cerebral palsy or amputation. Requires a
Health plans, movement breaks, organizational supports, flexible scheduling, reduced distraction.
Limited strength, vitality, or alertness due to chronic or acute health problems such as ADHD, asthma, diabetes, epilepsy, sickle cell anemia, or Tourette syndrome.
Disorder in a basic psychological process affecting listening,
Communication disorder such as stuttering, impaired articulation, a
Speech-language therapy, visual supports, extra response time, alternative ways to respond.
language impairment, or a voice impairment (IDEA: speech or
Acquired injury from an external physical force affecting cognition,
Flexible supports as needs change during recovery; memory aids; reduced load; frequent reteaching.
Vision loss, including blindness, that affects performance even with correction. Requires a functional vision evaluation, a learning media assessment, and an orientation and mobility evaluation.
Braille or large print, optical devices, screen readers, orientation and mobility instruction.
Ages 3–9. Delay in physical, cognitive, communication, social or
Early, play-based intervention across developmental areas; reevaluate before the student ages out of the category.
emotional, or adaptive development. A category Texas districts
High-incidence disabilities
Specific learning disability, speech impairment, other health impairment (including ADHD), and mild intellectual disability. These account for most students served, who typically spend most of the day in general education with supports.
Low-incidence disabilities
Moderate to severe intellectual disability, multiple disabilities, deaf-blindness, deaf or hard of hearing, visual impairment, orthopedic impairment, traumatic brain injury, and, traditionally, autism. Less common, and often requiring more intensive services and specialized staff expertise.
Section 504 Plan or IEP?
Law Section 504 of the Rehabilitation Act (civil rights)
Eligibility Impairment that substantially limits a major life activity such as learning, reading, concentrating, or breathing
Meets a disability category and needs specially designed instruction
What it provides Accommodations and related aids and services for equal access
Specially designed instruction, related services, measurable annual goals, accommodations, and modifications
Who decides A group knowledgeable about the student, the evaluation data, and placement options
The ARD committee, which includes the parent
Evaluation Draws on a variety of sources; periodic reevaluation
FIIE with consent; reevaluation at least every three years
Safeguards and Notice, records review, impartial hearing; no federal funding funds
Full IDEA procedural safeguards; federal and state special education funds
To decide, ask what the student needs. If the student can meet grade-level expectations once barriers are removed (extended time for a student with ADHD, a health plan and rest breaks for a student with diabetes), a Section 504 plan fits. If the student needs instruction adapted in content, methodology, or delivery, refer for an FIIE. Every student with an IEP is also protected by Section 504, but not every student protected by Section 504 qualifies for an IEP.
A common item describes a student with a medical diagnosis who earns passing grades with simple supports and asks for the appropriate plan. The best answer is a Section 504 plan, because there is no need for specially designed instruction. If the stem adds that the student is not progressing despite accommodations, the best answer becomes a referral for an FIIE.
Eligibility is not permanent. The ARD committee and other qualified professionals begin with a review of existing evaluation data (REED): prior evaluations, classroom and state assessment results, observations, and parent information. The group decides what additional data, if any, are needed to determine continued eligibility, present levels, and changes
At least every three years, unless the parent and district agree it is unnecessary.
Not more than once a year, unless the parent and district agree.
Whenever the student’s needs change or a parent or teacher requests one.
Parent consent is required before new testing.
A reevaluation is required before dismissal from special education, except when eligibility ends through graduation with a
regular diploma or reaching the maximum age.
Child Find covers birth through 21, including students who are passing from grade to grade, highly mobile, homeless, or in private schools.
Teachers notice, document, and refer; MTSS or RtI may never delay or deny an evaluation. Texas timeline: 15 school days to respond, 45 school days to the FIIE report, 30 calendar days to the ARD
An FIIE covers all suspected areas with multiple measures, in the native language, by trained evaluators. Eligibility has two parts: a disability category and a need for specially designed instruction. Texas terms: emotional disability, deaf or hard of hearing, speech impairment; dyslexia and dysgraphia fall under
Access needs alone point to Section 504; a need for specially designed instruction points to an IEP.
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