• Providing reliable results and data from a tired approach that targets educational needs of students.
• Describes types of evaluations and interventions (Tier I, Tier II, and Tier III) that can be used when a student is struggling at school without needing to refer them for a special education evaluation until all efforts have been exhausted. 
• Illustrates how effective interventions diminish the need for special education services. 
• Allows for all stakeholders of the child's education including parents to make decisions on the child's educational needs. 
• Can serve as a guide for parents to understand the needs of their child and the efforts tried by the school before they are referred for a special education evaluation.
• Can help parents give an informed consent. 

• Illustrating the level of reading skills needed by a parent to fully understand their rights when it comes to special education programing. 
• Highlighting the gaps that districts need to address in order to provide accessible information to parents regarding their children's education. 
• Addressing the potential disconnects between parents and the child's educational team and the possible negative impacts of such disconnects.
• Reiterates section 34 CFR §300.503 of IDEA part B which states that  “the notice must be written in language understandable to the general public” (IDEA, 2004). 

• "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
• "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
• Ended segregation when the court ruled that it deprived of the equal protection of the laws guaranteed by the 14th Amendment (Brown v. Board of Education, 1954).
• It has helped the Supreme Court to rule that students have a “legitimate entitlement to a public education as a property right.” (Goss v. Lopez, 1975)

• "Ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services..." 
• " Ensure that the rights of children with disabilities and their parents are protected"

• "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. 

•  “the notice must be written in language understandable to the general public”

• "A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, except that a copy also must be given to the parents 
  • Upon initial referral or parent request for evaluation
  •  Upon request by a parent.

• "The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or through another mode of communication" 
• The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom" 
• " The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time." 

Link to full text of law: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=89&rl=1011

The law and its the legal requirements (most relevant to this topic):

• "If a parent submits a written request to a school district's director of special education services or to a district administrative employee for 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"
•  "Provide the parent with prior written notice of its proposal to conduct an evaluation consistent with 34 Code of Federal Regulations" 
• "A copy of the procedural safeguards notice" 
• " An opportunity to give written consent for the evaluation"

• § 1412-"A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school"

• § 1414-"Consistent with subparagraph (D), either a parent of a child, or a State educational agency, other State agency, or local educational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability."

• § 1415-"The local educational agency, in providing for the education of children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with the State policies and procedures established under section 1412 of this title"

1. All Parent requests should be emailed to ”SpEd Parent Requests” by the principal or designated staff member. 
2. Michele Simcik, Coordinator of Special Education, will:
   1. Send a letter of acknowledgment to the requesting guardian
   2. Send a written request for a Student Support/Success Team (SST) meeting to be scheduled within 15 school days to the principal and/or designee of the student’s campus of enrollment.
   3. Document the student & parent information, dates of requests & notifications, and SST meeting dates & outcomes in the Special Education Team Drive shared with the appropriate Special Education District Office personnel.
   4. Add the student to Frontline Ed. Special Education & Interventions - ARD Forms.
3. The campus principal, or designated personnel, will organize the Student Support/Success Team (SST/RtI) Meeting or a 504 meeting* inviting the parent, all pertinent staff, and Michele Simcik. 
4. The appropriate campus personnel will gather the data necessary and will complete the Referral to Special Education Document prior to the scheduled SST (RtI) meeting.
   
   
   1. Specific parts of the form can be assigned to appropriate staff through the assign function in Google Docs. (When this is done, the staff member gets an email to complete the section.)
      
      

• Know the law
• Participate in professional Development that addresses compliance
• Use the Hutto ISD Special Education Manual
• Follow district guidelines on ARD/Evaluation procedures.
• Create a checklist of steps to complete when preparing to ask for consent for evaluation
• Ask questions, your peers are your best resources
• Do your own research
• Follow the Texas Administration Code for educators
• Be thorough and do your due diligence.