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Child Find, Evaluation, & ARD Process

Child Find

If a student is suspected of having a disability as defined under the Individuals with Disabilities Education Act (IDEA) and may require specially designed instruction, a referral for a special education evaluation may be initiated by the campus intervention team (Tier 2/3 Team), Section 504 Committee, the student’s parent or guardian, or the ARD Committee. It is the responsibility of campus-based teams, including the intervention team and Section 504 Committee, to ensure that referrals are made based on a review of student data, including academic and behavioral performance, response to intervention, and other relevant information. Prior to initiating a referral, teams must consider whether the student’s needs can be addressed through general education supports or services outside of special education. Referrals, however, must not be delayed due to implementation of interventions when there is a reason to suspect a disability.

Notice of Rights

Under the Individuals with Disabilities Education Act (IDEA 2004) and state law, school districts are required to provide parents with a Notice of Procedural Safeguards. This document outlines the rights and protections available to parents and students with disabilities and must be provided:

  • When a referral for a special education evaluation is made;

  • Upon the parent’s request;

  • When a due process hearing or complaint is filed; and

  • At other times as required under IDEA.

This notice ensures that parents understand their rights and are able to meaningfully participate in decisions related to their child's special education services. A copy of the current procedural safeguards can be found on the TEA Special Education Webpage.

 

Informed Consent 

New Caney ISD follows all TEA and IDEA requirements regarding prior written notice and informed consent. 

Before conducting an initial Full Individual and Initial Evaluation (FIIE), the district must obtain written informed consent from the parent or legal guardian.

Informed consent means:

  • You are provided with all relevant information in your native language or preferred mode of communication;

  • You understand and agree in writing to the proposed activity (e.g., evaluation or services);

  • The consent document describes the proposed action and any records to be released and to whom;

  • You understand that your consent is voluntary and may be revoked at any time in writing.

If you choose to revoke consent for the continued provision of special education and related services, that revocation must be submitted in writing and is not retroactive.

Evaluation

In accordance with 34 CFR §300.301–311 and the TEA Legal Framework, when a referral is made for special education, New Caney ISD will conduct a Full Individual and Initial Evaluation (FIIE). The FIIE is used to determine:

  • Whether the student meets disability criteria under IDEA; and

  • The educational needs of the student, including how to support progress in the general education curriculum.

The FIIE must:

  • Be completed within 45 school days from the date the district receives written consent (unless an extension applies - i.e: student absences);

  • Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information;

  • Include information provided by the parent or guardian;

  • Be conducted by a multidisciplinary team of qualified professionals; and

  • Be non-discriminatory and administered in the student’s native language or preferred mode of communication, unless clearly not feasible.

For addtional information regarding the evaluation timeline, please refer to the TEA Special Education Full and Individual Initial Evaluation (FIIE) Timeline.

Admission, Review, Dismissal (ARD) Meeting

Following the FIIE, the district will convene an Admission, Review, and Dismissal (ARD) Committee, in compliance with 19 TAC §89.1050 and 34 CFR §300.321.

The ARD Committee includes:

  • The parent(s) or legal guardian(s);

  • A general education teacher;

  • A special education teacher;

  • A campus administrator or district representative;

  • Evaluation personnel; and

  • Other individuals as appropriate.

The ARD Committee will:

  • Review the FIIE results;

  • Determine eligibility for special education and related services;

  • If eligible, develop an Individualized Education Program (IEP) that includes:

    • Present levels of academic achievement and functional performance (PLAAFP),

    • Measurable annual goals,

    • Special education services,

    • Accommodations and modifications,

    • Participation in statewide assessments, and

    • Transition services, if applicable.

Parents are equal participants in the ARD process and must receive prior written notice of decisions made by the committee.