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Anyone know SPED laws in Texas?


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My daughter currently in public school (2nd grade) is 2 years behind in her reading level. She repeated 1st grade and was in "intervention" all last year which is not really a sped program but rather being pulled out for extra reading groups. This year I told them I wanted to start the evaluation process. I want her tested to see if she has a reading disability. The principal told me we would start the process by no later than week 3. Nothing happened. I emailed the teacher who told me they would like to continue with RTI (response to intervention) and see how she responds. Basically they want to continue giving her extra time in the classroom but they do not want to start the ball rolling towards special ed services. So they write and say they want to have an RTI meeting with me next week. I know enough about the law to know that RTI is not SPED.

 

I just want my daughter to be tested. That's it. I've been trying for about 3 years but they clearly are digging their feet in. To have her evaluated myself is super expensive. I'm wondering will it kill them to just have someone test her officially for any reading disabilities???

 

Please advise if you know what is up in Texas with this!

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What is your goal? Do you want her moved into a self-contained special education classroom or in special-ed classes part time (we call it a resource room here, not sure of the term in Texas)?

 

Many of dh's special education students get RTI. Maybe they are thinking that all of the testing would just lead to her having the same interventions anyway.

 

ETA: Popped back in to read the other replies and realized how confusing this sounded. Many of the students being serviced by his special education staff are getting RTI (they aren't special education students.)

Edited by angela in ohio
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What is your goal? Do you want her moved into a self-contained special education classroom or in special-ed classes part time (we call it a resource room here, not sure of the term in Texas)?

 

Many of dh's special education students get RTI. Maybe they are thinking that all of the testing would just lead to her having the same interventions anyway.

 

:iagree: Texas does not like to do testing until third grade, so they will put it off until then if they can. Like a pp said, request it in writing!

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Federal law applies here. You go into to school and request she be evaluated in writing. The school probably has a special form. If they won't give you the form is take your written request, mail the request return receipt so you have proof they got it. Notify people in the district above the school level. Once you give them the request the timeline starts. They have 30 days to meet and discuss your child. You are part of the local committee--go to the meeting. If they are stonewalling you this much do not go along. Your dh, a good friend or a local sp ed advocate can go with you. Anyone you invite. You can record the meeting--you may need to tell them ahead of time you plan to record.

 

You should check out

http://www.wrightslaw.com

scroll down the left sidebar has many topics you can look through. The guy who started this website is a lawyer who has LDs. He specializes in sp ed law and does trainings for parents, lawyers and advocates around the country. His workshops are great, but hopefully you make progress before you decide you need to go to one of his workshops.

 

and

Disability Rights Texas

7800 Shoal Creek Blvd., Suite 171-E

Austin, TX 78757

 

Phone: (512) 454-4816

TDD: (512) 454-4816

Toll Free: (800) 252-9108 (nationwide)

FAX: (512) 323-0902

E-Mail: infoai@advocacyinc.org

Web Page: http://www.advocacyinc.org

 

Executive Director:

Mary S. Faithfull

E-Mail: mfaithfull@advocacyinc.org

This is the protection and advocacy agency for Texas. They should be able to offer some consultation for how to proceed. They may be able to assign an advocate to you. I believe this is a free service. The services of P and A agencies in each state are supposed to be free.

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In TX, if she is part of the conversation, she does not need the other party's permission.

 

 

However, they may refuse the meeting if they can't have their own recording equipment running to. That's why I say if you plan to record tell them ahead. It's not asking permission. I wasn't suggesting secretly recording either, perhaps you can do that in Texas, but I'm not sure I would start secretly recording a local screening committee meeting.

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First off :grouphug:. I know tough this can be. Second as a teacher in Texas before homeschooling you can get the system moving by writing your request out.

My other advice is my little boy was there last year at least in RTI.

He climbed mountains by doing to things at home.

1. Learning sight words (Sight words are like 75% of what we read.) We spent 3 hours a night at least working on sight words. It was really tough but in about two months we had the dolch list mastered.

2. We read aloud the books that we're on his level until he was fluent in them.

3. I pushed him a head of what he could read. He read most of the Magic Tree House books.

 

Jenn

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Oh! Pick me! :)

 

They have 60 calendar days after you request testing in writing. They cannot legally refuse to test him. If the testing takes longer than 60 days, they are breaking the law.

 

Sec. 29.004. FULL INDIVIDUAL AND INITIAL EVALUATION. (a) A written report of a full individual and initial evaluation of a student for purposes of special education services shall be completed not later than the 60th calendar day following the date on which the school district, in accordance with 20 U.S.C. Section 1414(a), as amended, receives written consent for the evaluation, signed by the student's parent or legal guardian.

 

From here.

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As linked by the above poster, you should ask for a "full individual initial evaluation" in writing. You can access support and get your questions answered by calling Austin (I think it is TEA). I have done this when I encountered some issues/resistance regarding my son's walk in speech/OT services. It was helpful in clarifying my options.

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RTI is a newish federally/state set up pre-SPED screening program...basically RTI demands that they show the child does not improve with intervention thus proving they need SPED...now they can't do ANYTHING until that intervention has been tried for 6 weeks and sometimes longer than that...also the RTI time restarts every year. I would ask in writing for the evaluation but realize that the school may still have to prove RTI did not work before they can test...basically more paperwork to ensure the program does not help the people it needs to.

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From the TEA website:

Students who are suspected of having a disability should be referred for a full and individual evaluation. States and LEAs have an obligation and requirement under federal law (34 CFR § 300.111 Child Find) to ensure that evaluations of children suspected of having a disability are not delayed or denied because of implementation of an RtI strategy. Clarification of this issue has been provided from the

 

And another page on the TEA website:

If a parent requests, either in writing or verbally, that a child be evaluated for special education services, a school must have a meeting with the parent to discuss the referral. If the school agrees with the parent that the child may be a child who is eligible for special education services, the school will obtain informed written consent from the parent and then evaluate the child. If a school declines the parent’s request for an evaluation, the LEA must issue a prior written notice as required by federal law.

A RtI process does not replace the need for a comprehensive evaluation using a variety of data sources. A school should inform parents when a student is not making progress in the general education setting. If the child is not making progress in the general education setting and demonstrates lack of sufficient response to intervention(s) after an appropriate period of time (see above for discussion of RTI process), the school should request parental consent to evaluate a child suspected of having a learning disability.

 

 

As others have said, make your request in writing. Send copies to the original to the principal, with a copy CC'd to the director of special ed in the district. Be very explicit in saying "I am requesting my daughter be evaluated by the school district for eligibility for special services." I would also document the reasons you are requesting the evaluation and make sure you include multiple assessments (such as those references in the second link above). You might state that you know that continuation of Rti should not delay identification of a LD (first link above). Use wording directly from the TEA website becuase that shows them you have done your homework and can speak the "edu-ese" - sometimes it is all in the vocabulary you choose.

 

 

Also, do not use the word "best" - you are not seeking what is "best" (silly, but "best" is not the goal of special education). "Appropriate" is the goal, so you can close by thanking them for being as concerned as you are in ensuring that the district provide "appropriate services" for your dd. Another splitting of hairs but courts have ruled that a district can deny "best" services as long as the are providing "appropriate" services.

 

 

 

I also recommend the Wright's Law resource posted by a PP. I am excited that I am going to be attending one of their workshops next month! Can't wait! :)

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