If the School becomes aware of a student who has disabilities, regardless of the severity of their disabilities, including those attending private schools, highly mobile children (including migrant and homeless children), children who are wards of the state, and children who are suspected of being in need of special education but who are advancing from grade to grade, the School shall:
20 U.S.C. 1412(a)(3)(A); 34 CFR 300.125
A reasonable time before the School proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate education to at student, the School shall provide written notice to the student's parent or guardian. 20 U.S.C. 1415(b)(3); 34 CFR 300.503(a)(i) [See EHBAE]
A local school district shall conduct a full and individual initial evaluation before the initial provision of special education and related services. 20 U.S.C. 1414(a)(1)(A)
Before the local district conducts an initial assessment, it shall obtain informed, written parental consent for the evaluation.
If the parent does not provide consent for an initial evaluation, or if the parent fails to respond to a request to provide consent, a district may pursue the initial evaluation by utilizing due process procedures [See EHBAE], except to the extent inconsistent with state law relating to such parental consent.
If a parent revokes consent, that revocation is not retroactive (that is, it does not negate an action that has occurred after the consent was given and before the consent was revoked). [See EHBD]
Parental consent shall not be construed as consent for placement. 20 U.S.C. 1414(a)(1)(D), (E);34 CFR 300.500(b)(1), 300.505, 300.531
If the child is a ward of the state and is not residing with the child's parent, a district shall make reasonable efforts to obtain the informed consent from the parent for an initial evaluation, unless:
20 U.S.C. 1414(a)(1)(D)(iii)
The initial evaluation of a local school district shall consist of procedures to determine whether a child is a child with a disability within 60 days of receiving parental consent for the evaluation, or a shorter time frame if one is established by the state. This time frame shall not apply if:
20 U.S.C. 1414(a)(1)(C)(ii); Education Code 29.004
The time required for a district to provide information and seek consent under Education Code 29.0041(b) may not be counted toward the 60 calendar days for completion of an evaluation under Education Code 29.004. If a parent does not give consent under Education Code 29.0041(b) within 20 calendar days after the date a district provided to the parent the information required, the parent's consent is considered denied. Education Code 29.0041(c)
The School 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:
U.S.C. 1414(a)(2), (b), (c); 34 CFR 300.505, 300.536
A local school district and/or the 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. 20 U.S.C. 1414(c)(5); 34 CFR 300.534(c)(1)
The parents have a right to obtain an independent educational evaluation if they disagree with the local district's or the School's evaluation.
Upon request for an independent evaluation, the School will request that the local school district shall provide parents with information regarding where one can be obtained.
Whenever an independent evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the local school district uses when it initiates an evaluation. If a parent requests an independent evaluation, the local school district shall either ensure that an evaluation is performed at public expense or initiate a due process hearing to establish that the local school district's or TSBVI's evaluation is appropriate. If the local school district initiates a hearing, and the local school district's or TSBVI's evaluation is found to be appropriate, the parent still has a right to an independent evaluation, but not at public expense.
If the local district initiates a hearing, and the local district's or TSBVI's evaluation is found to be appropriate, the parent still has a right to an independent evaluation, but not at public expense. If the parent obtains an independent educational evaluation at private expense, the results of the evaluation shall be considered by the School and the local school district, if it meets district criteria, in any decision made with respect to providing a free appropriate public education to the child.
34 CFR 300.502
A student is eligible to participate in a local district's special education program if:
Education Code 29.003(b); 19 TAC 89.1035; 19 TAC 89.1040
A student with a visual or auditory impairment shall be eligible to participate in a district's special education program from birth.19 TAC 89.1035(b); Education Code 30.002
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 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)
An employee of the School is prohibited from requiring a child 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)
Adopted: 1/26/99
Amended: 1/24/02, 3/23/07
Reviewed: