EHBAA (TSBVI) Special Education Students: Identification, Evaluation, and Eligibility

Please refer to your local school district policies regarding the following topics:

• CHILD FIND
• PRIVATE SCHOOL STUDENTS
• REQUESTS FOR REFERRALS & EVALUATION
• DISTRICT OBLIGATION TO REFER
• PARENTAL REQUEST FOR EVALUATION
• NOTICE OF RIGHTS
• INITIAL EVALUATION REQUIRED
• CONSENT FOR INITIAL EVALUATION
• WARDS OF THE STATE
• PSYCHOLOGICAL EVALUATIONS

If TSBVI determines that an additional examination or test is required for individual evaluation, the local district shall provide the information required by Education Code 29.0041(a) and shall obtain additional parental consent. If a parent does not give consent within 20 calendar days after the district provided the information, the parent’s consent is considered denied. Education Code 29.0041

• ELIGIBILITY
• DETERMINATION OF INITIAL ELIGIBILITY
• INITIAL PROVISION OF SERVICES
• REVOKING CONSENT
• INDEPENDENT EVALUATION [also see below]

REEVALUATIONS

The local district in collaboration with TSBVI shall ensure that each child with a disability is reevaluated if the School determines that the educational or related service needs of the child, including improved academic achievement and functional performance, warrant a reevaluation, or if the child’s parent or teacher requests a reevaluation.

Reevaluations shall occur:

1. No more than once a year, unless the parent and the School agree otherwise; and
2. At least once every three years, unless the parent and the School agree that a reevaluation is unnecessary.

The local district will obtain informed parental consent before conducting a reevaluation, except that informed parental consent is not needed if the district can demonstrate that it has taken reasonable measures to obtain consent and the child’s parent has failed to respond.

20 U.S.C. 1414(a)(2), (b), (c); 34 CFR 300.303, .505

EVALUATION FOR CHANGE IN ELIGIBILITY

A local school district in collaboration with TSBVI shall evaluate a child with a disability before determining that the child is no longer a child with a disability. However, an evaluation is not required before the termination of eligibility due to graduation from secondary school with a regular diploma or due to exceeding the age eligibility for a free appropriate public education under state law. If a child’s eligibility terminates under the aforementioned circumstance, the local district must provide a summary of academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals and/or adult transition. 20 U.S.C. 1414(c)(5); 34 CFR 300.305(e)

All students graduating under 19 Administrative Code 89.170 [see EIF] must be provided with a summary of academic achievement and functional performance as described above. This summary must consider, as appropriate, the views of the parent and student and written recommendations from adult service agencies on how to assist the student in meeting postsecondary goals. An evaluation as required by 34 CFR 300.35(e)(1), must be included as part of the summary for a student graduating under 19 Administrative Code 89.1070(b)(3)(A), (B), or (C) or (f)(4)(A), (B), or (C). 19 TAC 89.1070(g)

Information about TSBVI’s EXIT Program, Expanded Core Curriculum and adult transition services should also be provided to the family long before the student’s senior year. Education Code 30.002(4)(B)-(5)(D); 30.002(d) and (e)(1)-(5); 30.021(e)

INDEPENDENT EVALUATION

The parents have a right to obtain an independent educational evaluation if they disagree with the local district’s or TSBVI’s evaluation.

Upon request for an independent evaluation, the local school district shall provide parents with information regarding where one can be obtained and the local district’s criteria for independent evaluations. The results of a parent-initiated independent educational evaluation, whether at public or private expense, must be considered by the local district if it meets the local district’s criteria, in any decision made with respect to FAPE for the child.

Please see local school district’s policies regarding the following:

• INDEPENDENT EVALUATION AT PUBLIC EXPENSE
• INDEPENDENT EVALUATION AT PRIVATE EXPENSE

34 CFR 300.502

DEFINITION OF ELIGIBILITY

A student is eligible to participate in a local district’s special education program if:

1. The student is between the ages of 3 and 22, inclusive [but see from birth eligibility for students with visual impairments, below];
2. The student has one or more of the disabilities listed in federal regulations, state law, or both; and
3. The student’s disability(ies) prevent the student from being adequately or safely educated in the public schools without the provision of special services. [See Policy FD (TSBVI) for eligibility criteria to attend TSBVI]

20 U.S.C. 1401(3); 34 CFR 300.8; Education Code 29.003(b); 30.021; 19 TAC 89.1035; 19 TAC 89.1040

Visual and Auditory Impairments

A student with a visual or auditory impairment shall be eligible to participate in a local district’s special education program from birth. 19 TAC 89.1035(b); Education Code 30.002(e), .081

ELIGIBILITY FOR SERVICES FROM TSBVI

The Texas School for the Blind and Visually Impaired is established to serve students who are 21 years of age or younger on September 1 of any school year and who have a vision impairment and who may have one or more other disabilities. The School through its Outreach Program may provide indirect services for children eligible for local Infant and for Pre-School Programs throughout Texas. The School is not intended to serve infant and pre-school students in its on-campus Comprehensive Programs and Special Programs.

The School is intended to serve students who require specialized or intensive educational or related services related to the visual impairment. The School is not intended to serve students whose needs are appropriately addressed in a home or hospital setting or in a residential treatment facility, or students whose primary, ongoing needs are related to a severe or profound emotional, behavioral, or cognitive deficit.  Education Code 30.021(a)(1)(2)

PRESCRIPTION MEDICATION

An employee of TSBVI is prohibited from requiring a student to obtain a prescription for a substance covered under the federal Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation for special education, or receiving special education and related services.

An employee is not prohibited from consulting or sharing classroom-based observations with parents regarding a student’s academic and functional performance, behavior in the classroom or school, or the need for evaluation for special education or related services.

20 U.S.C. 1412(a)(25)

In light of the fact that TSBVI has students residing overnight in dormitory facilities, TSBVI’s Health Center requires families to provide both prescription and over the counter drugs and nutritional supplements (such as melatonin or other sleep aids) for students attending TSBVI.

Adopted:         1/26/99

Amended:       1/24/02, 3/23/07, 9/20/13, 11/15/18, 10/1/21

Reviewed: