Parent's Guide to the Admission, Review, and Dismissal Process
Full Individual Evaluation (FIE) needs to take a period of 45 days to end, that is, immediately after the district receives a written and signed evaluation consent by parents. A parent should sign a written consent in a timely manner to hasten the initiation of a 45-day period. An exception only applies if a child was absent from school during the evaluation period, and in such a case, the period must be extended by the number of days the child has been absent (TEA 2016).
The Admission, Review, and Dismissal (ARD) committee must take a period of 30 days to establish a student's eligibility. This period starts immediately after completing a child's initial evaluation report. In the case the 30th day falls in summer, the committee has until the first day of lessons in the fall to finalize the child's eligibility, individualized educational program (IEP), and placement. However, this may not apply for a child that needs Extended School Year (ESY) services (TEA 2016).
Parents should be issued with a notice of procedural safeguards at least once a year under the following circumstances: upon request for an initial child's evaluation, upon receiving the first complaint in a school year, upon receiving the first request for a due process hearing in a school year, when a decision is made to make a disciplinary action of placement, and upon request from parents (TEA 2016).
A written notice to parents should be issued prior to the school's proposal to change or initiate the child's identification, evaluation, placement or Free Appropriate Public Education (FAPE). A parent should also receive written notice prior to the school's refusal to change or initiate the child's identification, evaluation, placement or FAPE. The school needs to issue this notice at least five days before proposing or refusing the action unless a parent agrees to a shorter notice (TEA 2016).
The following activities usually require a parent's consent; a child's initial evaluation, reevaluation with the need of more information, override procedures to include more representatives for hearing and permitting the ARD committee member to be excused for a meeting (TEA 2016).
A child is eligible for special evaluation after the following considerations. First, the child must have a disability. Second, the child must need special education as a result of his/her disability. The criteria suit a child between 3 and 21 years old experiencing disability categories including autism, auditory impairment (AI), deaf-blindness, and intellectual disabilities among others (TEA 2016).
The Legal Framework for the Child-Centered Special Education Process
A student with AI becomes eligible for AI services on meeting the criteria for deafness and hearing impairment as stated in 34 CFR $300.8(c)(3) and 34 CFR, $300.8(c)(5). Also, the decision for eligibility is made by a multidisciplinary team including the ARD committee and licensed practitioners (ontological examiners and audiological evaluators) with the consent of parents. The student must also show this disability from birth to 21 years (ESC Region 18 Home).
The Texas state eligibility requirement for AI is a documented proof that a child meets the criteria for deafness and hard of hearing and a parent's consent.
The definition of deaf and hearing impairment as per the federal definition is as follows: Deafness - a severe hearing disability that affects a child's hearing with amplification or without it. It adversely affects a child's education. On the other hand, hearing impairment affects a child's performance but not as adverse as in deafness (ESC Region 18 Home).
The Texas state requirement and the federal definition of AI differ since the state categorizes the AI deafness and hearing in the same category whereas the federal groups them differently.
The Notice of Procedural Safeguards
A change of placement occurs when a child's placement to a school is changed due to the removal totals that exceed 10 school days. A change of placement is determined following a case-by-case basis, and if otherwise challenged, due judicial proceedings follow (TEA 2016).
A child's behavior is considered to manifest disability when the ARD committee approves it from a Functional Behavioral Assessment (FBA). Also, a disability manifests if a child's behavior leads to a change of placement and initiates a Behavioral Intervention Plan (BIP) (TEA 2016).
The school needs to take the following actions in case a child's conduct manifests a disability; propose alternative setting suitable for a child's special circumstance, seek referral and action by the judicial authority, and notify parents (TEA 2016).
Following the above information, it is interesting that to resolve a child's disability problems several procedures that may take time must be fulfilled to confirm his/her eligibility. A parent's consent is also mandatory to allow a child to go on with learning.
ESC Region 18 Home. (n.d.). Retrieved from http://www.framework.esc18.net/
Texas Educational Agency (TEA). (2016). Notice of Procedural Safeguard. Retrieved from http://framework.esc18.net/Documents/Pro_Safeguards_ENG.pdf
Texas Educational Agency (TEA). (2016). Parent's Guide to the Admission, Review, and Dismissal Process. Retrieved from http://framework.esc18.net/Documents/ARD_Guide_ENG.pdf
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