Evaluation & Eligibility

Special Education Laws Made SimpleNovember 2013 – Austin, Texas

National Business Institute

Presented bySarah S. Flournoy, J.D., Ed.D.

Of Counsel, West & Associates, LLP

2 Prong Test

1. Student has qualifying disability; AND,

2. Student requires special education services because of the disability.

Procedural Safeguards

• Timelines• Yes to RTI and No to Discrepancy Model• Committee determination• Specific findings must be made• Eligibility Determination Report in writing• Parent right to inspect, review, and participate• Recourse to mediation or due process hearing

Evaluations

• Necessary before providing services• Request by– Parent of a child; or,– Public agency

• Collect information regarding both prongs of test; procedures used must address both

• Reevaluation– At request of parent or teacher– Not more than once annually– At least every three years (unless agree otherwise)

EvaluationsNotice/Consent

• When necessary– For initial Evaluation– For provision of services

• Both must be informed and in writing• One cannot serve for both• Denial of or failure to give– Initial Evaluation: district has recourse– Provision of Services: district has no recourse

EvaluationsTimeline

• Reasonable is five (5) days• Evaluation conducted w/in 60 days• Timeline excused if parent – Fails to present child– Removes child from district

EvaluationsTest and Measurement Requirements

• No single assessment tool or strategy• Variety of sources• Evaluate levels

– Functional– Developmental– Academic

• Any instrument used look at– Cognitive– Behavioral– Physical– Developmental

EvaluationsEvaluation Options and Procedures

• Not the same as the determination report• Parent can disagree with district’s • Parent options– Request Independent educational evaluation (IEE)– Obtain their own EE

• District options– Due process hearing on adequacy of district’s EE– Provide IEE at public’s expense

• All EE considered in determination

EvaluationsCommon Mistakes to Avoid

Eligibility DeterminationsEligibility Categories

1. Autism2. Deaf/Blind3. Deafness4. Hearing Impairment5. Mental Retardation6. Multiple Disabilities 7. Orthopedic Impairment8. Serious Emotional Disturbance9. Specific Learning Disabilities10. Speech or language impairment11. Traumatic brain injury12. Visual impairment including blindness13. Other Health Impairment

Eligibility DeterminationsAdverse Educational Impact

• No federal definition• Part of first prong of eligibility test• Definition includes: “…that adversely affects a

child’s educational performance”• Educational performance?– Holistic– Academic

Eligibility DeterminationsNeed for Special Education Services

• Special Services in Texas– Instruction provided by professional and support

by paraprofessional in regular classroom– Related services, which are developmental,

corrective, supportive, or evaluative services, not instructional in nature

• Based on variety of evidence

Eligibility DeterminationsResponse to Intervention (RTI) and Discrepancy Model

• Identification• Discrepancy model– Historical– Student’s score on general intelligence quotient

test compared to score on achievement test• Response To Intervention Model (RTI)– 1997 Amendments require – Research based interventions

Questions?

Sarah S. Flournoy, J.D., Ed.D.Of Counsel, West & Associates, LLP320 South R. L. Thornton Frwy, Suite 300Dallas, Texas 75203Sarah.f@westllp.com214.941.1881