HIGHLAND INDEPENDENT SCHOOL DISTRICT SPECIAL

 © Walsh Gallegos 2020                  Highland ISD Special Education Operating Procedures—Child Find 
HIGHLAND INDEPENDENT SCHOOL DISTRICT 
SPECIAL EDUCATION OPERATING PROCEDURES 
 
The Highland ISD has entered into an Interlocal Agreement to cooperatively operate its special education 
programs under the authority of Tex. Ed. Code § 11.157. The West Central Texas SSA Special Education 
Services Cooperative may provide for the efficient delivery of legally required special education and related 
services  to the  Highland  ISD’s  eligible  students with  disabilities  as  set forth in  the  Interlocal  Agreement, 
including the implementation of these Special Education Operating Procedures. 
 
1.0   CHILD FIND 
 
1.1.  What steps does the District take prior to an initial evaluation to ensure students are identified 
and evaluated for special education appropriately and in a timely manner? 
1.2   Who is eligible for the District’s program of special education and related services? 
1.3  Who can initiate a referral for a Full Individual and Initial Evaluation for Special Education 
and Related Services? 
1.4  How should the District respond when it receives a referral for special education? 
1.5  How does the District attempt to ensure that parents of Limited English Proficient students are 
included in the District’s Child Find efforts and understand the District’s special education 
process? 
1.6  What happens when the parent of a student attending private school or being homeschooled in 
the District requests a referral for a special education evaluation? 
1.7  What about students who transfer? 
1.8  What protections are available for students who have not been identified but may qualify for 
IDEA’s disciplinary safeguards? 
 
 
 
Highland ISD Board Policy along with these Special Education Operating Procedures constitute the Policies and 
Procedures  of  Highland  ISD,  designed  to  be  consistent  with  the  State  policies  and  procedures  developed 
pursuant to the IDEA.  Highland ISD Special Education Operating Procedures are not to be for the purpose of 
creating  a  requirement  that  is  not  otherwise  imposed  by  the  Individuals  with  Disabilities  Education 
Improvement Act (“IDEA”), together with its implementing federal regulations, state statutes and rules, as 
they shall from time to time be amended, and shall not be construed to create a higher standard than that 
established by IDEA.  These Special Education Operating Procedures will be posted on Highland ISD’s website.  
These Special Education Operating Procedures should be interpreted consistent with the IDEA.  Highland ISD’s 
Special Education Operating Procedures are reviewed and updated, as needed, on at least an annual basis. 
Highland  ISD  will  make  timely  changes  to  policies  and  procedures  in  response  to  IDEA  amendments, 
regulatory  or  rule  changes,  changes  to  state  policy,  or new legal  interpretation  as are  necessary  to  bring 
Highland ISD into compliance with the requirements of IDEA. Highland ISD maintains systems to ensure that 
all students with disabilities residing in the District, including students with disabilities attending non-public 
schools, regardless of the severity of their disabilities, and who are in need of special education and related 
services, are identified, located, and evaluated and provided a free appropriate public education. Highland ISD 
maintains  systems to  ensure  that  students  with  disabilities  and their  parents are  afforded  the  procedural 
safeguards  required  under  the  IDEA  (and  its  implementing  federal  regulations,  state  statutes  and  rules) 
including with respect to the confidentiality of records and personally identifiable information. 
 
 
 

1.0 CHILD FIND.

The Highland Independent School District (HISD or “the District”) has an obligation to identify,

locate and evaluate each child, birth to age 21 inclusive, residing within the jurisdiction of the

District who has a disability or is suspected of having a disability, regardless of the severity of the

disability, and who is in need of special education and related services. This Child Find

obligation—mandated by the Individuals with Disabilities Education Improvement Act (IDEIA

or, more commonly, IDEA) and Texas special education law

—extends to all children with

disabilities, including those who are homeless, highly mobile, migrants, in foster care,

homeschooled, court-involved or attending private schools within the jurisdiction of the District.

The District annually notifies and informs the Highland ISD community of a student’s right to a

free appropriate public education and the programs and services available to eligible students, as

well as the right to request an evaluation for special education and related services. The District

endeavors to distribute written information in both English and Spanish to every enrolled student’s

family regarding IDEA’s Child Find and free appropriate public education (FAPE) requirements,

to inform them of the options and requirements for identifying students who may be suspected of

having a disability and have an educational need for special education and specially designed

instruction. The District’s community-wide efforts may include:

• publishing a Child Find notice in a local newspaper of general circulation;

• posting or linking the District’s Child Find notice on the District's website; and

• placing a Child Find notice in locations where potentially eligible children and their

parent(s) or legal guardian(s) are likely to see it, like disability-related community

agencies, hospitals or daycare centers.

The District’s Child Find notice is included in the District’s Student Handbook which is updated

annually. Together with the District’s annual Child Find notice, the District includes information

indicating where members of the Highland ISD community can access the District’s processes and

procedures for initiating a referral for special education services eligibility evaluation.

The

District also offers annual training to teachers and staff regarding the District’s responsibility to

actively identify and appropriately refer for evaluation students suspected of being in need of

special education and related services, consistent with these Special Education Operating

Procedures (“Operating Procedures”).]

34 C.F.R. § 300.111(a); Tex. Ed. Code § 29.001

34 C.F.R. § 300.111(c). Homeless and highly mobile students are served via the District’s homeless education

liaison as part of the District’s participation in TEA’s Texas Education for Homeless Children and Youth (TEHCY)

program.

Tex. Ed. Code § 29.023(b)

1.1 What steps does the District take prior to an initial evaluation to

ensure students are identified and evaluated for special education

appropriately and in a timely manner?

Prior to referral for a full individual and initial evaluation, students experiencing difficulty in the

general classroom should be considered for response to evidence-based intervention and other

academic or behavior support services. “If the student continues to experience difficulty in the

general classroom after the provision of interventions, District personnel will refer the student for

a full individual and initial evaluation."

Notwithstanding this provision, these general education

or response to intervention strategies will not be used to delay or deny the provision of an

evaluation.

If parental or guardian consent is obtained for an evaluation, the District will consider and

document the provision of any steps taken concurrently with the special education referral or

evaluation process to address the academic or behavioral needs of the student giving rise to the

referral. These steps may include the following—

• If a campus receives an initial referral for a student who is not currently receiving

evidence-based general education interventions or Multi-Tiered Systems of

Support (MTSS) available to all students, a designated campus administrator should

promptly convene a meeting with the parent or guardian, student (as appropriate), and

at least one of the student’s general education teachers (preferably from one or more of

the areas of academic and/or behavioral concern). The meeting’s purpose will be to

develop a plan of evidence-based general education interventions or MTSS. This

meeting may not be used to delay or deny an evaluation.

o If the student has been receiving evidence-based general education intervention

or MTSS, the campus principal, or designated campus administrator, should

promptly convene a meeting with the parent or guardian, student (as

appropriate), and at least one of the student’s general education teachers

(preferably from one or more of the areas of academic and/or behavioral

concern) to review and revise the student’s current interventions and general

education services plan, as appropriate. Such meetings should recur at regular,

19 TEX. ADMIN. CODE § 89.1011(a).

Lisa M. v. Leander Indep. Sch. Dist., 924 F.3d 205, 209 n.4 (5

Cir. 2019); Spring Branch Independent School

District v. O.W. by Hannah W., 961 F.3d 781(5

Cir. June 12, 2020)

reasonable intervals throughout the pendency of the referral and/or evaluation

process.

• IDEA does not prohibit a local campus within the District from “screening” a student

to collect data that may be considered when determining whether the student is

suspected of having a disability. Parental consent is not required before a campus-

based committee reviews existing data as part of the special education referral process.

Likewise, parental permission is not required before administering screenings or other

assessments that are administered to all students generally without the requirement of

parental consent. Written notice will be provided to parents of the scheduled screening

or assessment; however, a campus will not use screening procedures to delay or deny

the provision of a full individual and initial evaluation.

• Students suspected of having a disability under Section 504 should be referred for an

evaluation by a Campus Section 504 Committee and, if needed, the development by

that Committee of an accommodation plan under Section 504. These referrals should

be directed to the student’s Campus Section 504 Coordinator. If a student’s Section

504 Committee determines that the student has a disability that may require specialized

instruction to make progress in the general curriculum, or if the student continues to

experience difficulty in the general education classroom even with the supports

specified in a 504 accommodation plan, the Section 504 Committee should refer the

student to the Director of Special Education or designee to determine whether a full

individual and initial evaluation is appropriate under the circumstances.

• For students who transfer to the District from a residential facility or other private

school, the campus counselor should obtain written consent from the student’s parent

or guardian to communicate with and request records from the residential facility or

other private school and convene a meeting to discuss whether a referral for special

education and related services is appropriate.

• Students suspected to have dyslexia and related disorders may be referred for an

initial evaluation for special education and related services or to a Section 504

Committee. In accordance with TEA’s The Dyslexia Handbook (2018 Update)

, if the

Response to Intervention committee suspects that a student has dyslexia or a related

disorder but does not require specialized instruction, the student should be referred to

the Section 504 Committee, which will assess the qualification of the student and

whether the student may receive standard protocol dyslexia instruction and

accommodations. If the Response to Intervention committee determines that data leads

to the suspicion of dyslexia or a related disorder and that the student needs specially

designed instruction as a result of dyslexia or a related disorder, the student should be

Letter to Mills (OSEP 05/02/19).

TEA’s The Dyslexia Handbook (2018 Update) is available at https://tea.texas.gov/academics/dyslexia/.

referred to special education for a potential full individual and initial evaluation, if

appropriate. The District provides a reading program for any student with dyslexia or

a related disorder that is in accordance with the descriptors and implementation

requirements found in The Dyslexia Handbook.

The District will report through the Public Education Information Management System (PEIMS)

the number of students enrolled in the District who are identified as having dyslexia.

See notes

1.2 Who is eligible for the District’s program of special education and

related services?

The District provides special education and related services to eligible students ages 3 through 21

who reside within the District.

To be eligible for the District’s program of special education and

related services, a student must (a) have one or more of the thirteen qualifying disabilities listed

below and (b) need special education and related services—Specially Designed Instruction

(SDI)—because of the disability.

A free appropriate public education is also available to children

with visual or auditory impairments residing within the District from birth through age 21.

Special education means “specially designed instruction, at no cost to the parents, to meet the

unique needs of a student with a disability.”

Specially Designed Instruction (SDI) means—

• “adapting, as appropriate to the needs of an eligible student under this part,

the content, methodology, or delivery of instruction-

▪ To address the unique needs of the student that result from the

student's disability; and

▪ To ensure access of the student to the general curriculum, so that

the student can meet the educational standards within the

jurisdiction of the public agency that apply to all children.”

Tex. Ed. Code § 28.006

19 TEX. ADMIN. CODE § 89.0135(a)

20 U.S.C. § 1402(3); 34 C.F.R. § 300.8

19 TEX. ADMIN. CODE § 89.0135(b)

34 C.F.R. § 300.39(a)(1)

34 C.F.R. § 300.39(b)(3)(emphasis added)

The general curriculum and educational standards that “apply to all children”

in Highland ISD are the Texas Essential Knowledge and Skills (TEKS) as

well as the District’s Policy EIE(Local).

The state-wide assessments that

determine a student’s progress toward meeting those educational standards are

the State of Texas Assessments of Academic Readiness (STAAR).

Special Education or Specially Designed Instruction (SDI) also includes—

▪ speech-language pathology services;

▪ any other related service, if the service is considered special

education rather than a related service under state standards;

▪ travel training; and

▪ vocational education.

Subject to the age limitations specified above, students may be eligible for special education and

related services under these categories of disability specified under state and federal law: autism,

deaf-blindness, auditory impairment, emotional disturbance, intellectual disability, multiple

disabilities, orthopedic impairment, other health impairment, specific learning disability, speech

impairment, traumatic brain injury, visual impairment, and “noncategorical early childhood.”

Children between the ages of 3-5 who are evaluated as having an intellectual disability, an

emotional disturbance, a specific learning disability or autism may be described as “noncategorical

early childhood” for the purposes of special education eligibility.

Consideration of eligibility for special education and related services begins with a referral for a

special education evaluation—a full individual and initial evaluation.

The educational standards applicable to all students in the state of Texas are also outlined in Tex. Ed. Code § 28.002

and in 19 TEX. ADMIN. CODE § 74.1.

34 CFR § 300.39(a)(2)

34 C.F.R. § 300.8(c) ; Tex. Ed. Code § 29.003(b); 19 TEX. ADMIN. CODE § 89.1040(c)

19 TEX. ADMIN. CODE § 89.1040(c)(13)

19 TEX. ADMIN. CODE § 89.1011

1.3 Who can initiate a referral for a Full Individual and Initial

Evaluation for Special Education and Related Services?

A referral for a special education evaluation may be initiated by school personnel, a student’s

parent or legal guardian, or another person involved in the education or care of the student.

Should an administrator, teacher, parent or legal guardian believe that there is reason to suspect a

student has a disability and is in need of special education, even if they are progressing from grade

to grade, they may initiate the referral process.

The referral may be made verbally or in writing. A written request for a special education

evaluation is not required by IDEA or Highland ISD. Written referrals should be directed to any

campus administrator, counselor, or the Director of West Central Texas SSA. Any employee of

the District receiving a verbal or written referral should communicate the referral to

the Director of the West Central Texas SSA. District staff should make any referrals for special

education in writing to the Director of the West Central Texas SSA.

1.4 How should the District respond when it receives a referral for

special education?

Referrals should be considered by the campus principal or other qualified professional, as outlined

below, to determine whether there is reason to suspect that the student has a disability and is in

need of special education and related services. Each campus should have a designated staff

member responsible for receiving referrals from the campus principal. All referrals should be

forwarded to the Director of the West Central Texas SSA. If a parent or legal guardian makes a

referral to a general education teacher, a paraprofessional or campus office staff, the parent should

be directed to the campus principal on the student’s campus who is responsible for receiving

referrals.

If a parent, legal guardian or adult student verbally requests a special education evaluation, the

District staff who received the verbal request should report the request to the campus principal or

the aforementioned designated staff for the student’s home campus. The campus principal or

designated staff should contact the requestor either by telephone or via email to gather more

information about the request.

19 TEX. ADMIN. CODE § 89.1011(a)

When the District receives a request for an initial evaluation, the Early Intervening Specialist,

designated campus staff, and/or administrator should promptly review the student’s record and

document any consideration that has been given to alternatives to special education, including but

not limited to general education academic and behavioral interventions; RtI data; remedial

instruction; tutoring; compensatory education pursuant to Tex. Ed. Code § 29.081 (“services

designed to supplement the regular education program for students identified as at risk of dropping

out of school”); Multi-Tiered Systems of Support (MTSS);

and/or Dyslexia-related general

education services.

If a student’s parent(s), legal guardian(s), or District staff submits a written request for a full

individual and initial evaluation for special education and related services to the District’s Director

of Special Education or to an administrative employee of the District, the personnel designated

below will take the following steps:

• Within 15 school days of the Director of Special Education or administrative

employee’s receipt of the written request for an initial special education

evaluation, a licensed specialist in school psychology (LSSP), an educational

diagnostician, or other appropriately certified or licensed practitioner with

experience or training in the area of the suspected disabilities designated by the

Director of the West Central Texas SSA may, as appropriate—

o Review the records and performance data of the student in order to

determine if there is sufficient evidence to suspect a disability. Information

reviewed shall include, but is not limited to, all individual and group

standardized assessments, including evaluations provided by the parent or

guardian completed privately; standards of learning test scores; school

enrollment history; attendance records; student work samples; and teacher

observational information.

o Consult with the student’s general education teachers and other campus

staff familiar with the student to review the general education supports and

services, curricular modifications, instructional methodologies or evidence-

based classroom accommodations or interventions that have been used with

the student prior to referral, including the use of any Multi-Tiered Systems

TEA describes MTSS as a school-wide framework designed to provide varying levels of support to meet the

academic, behavioral, and social/emotional needs of students and includes RtI for academics and/or behavior and

other evidence-based early intervention strategies.

of Support (MTSS), such as Response to Intervention (RtI), Leveled

Literacy Interventions (LLI), and other evidence-based general education

interventions, tutorial, remedial, compensatory and other academic or

behavior support services.

o Contact the parent, legal guardian or adult student to provide an overview

of the District’s special education process and identify the date by which

informed written consent for the evaluation may be obtained (i.e., no later

than 15 school days after receiving the written request for an initial

evaluation).

• No later than 15 school days after the Director of Special Education or

administrative employee’s receipt of the written request for an initial special

education evaluation, the Early Intervening Specialist or Child Find Coordinator

shall—

o Ensure the District provides the parent(s), legal guardian and/or adult

student with a copy of TEA’s most recent Notice of Procedural

Safeguards.

▪ A parent, legal guardian or adult student may choose to receive the

Notice of Procedural Safeguards, as well as the Prior Written

Notice discussed below, by email, if the District makes that option

available. If the parent or legal guardian does not affirmatively elect

to receive the aforementioned notices by email, the District will mail

or hand-deliver the notice(s) and document the method of delivery.

o Provide Prior Written Notice of the District’s proposal to conduct a full

individual and initial evaluation (Notice of Proposed Evaluation) and an

opportunity for the parent, legal guardian or adult student to give informed

written consent for the evaluation, if there is evidence of a suspected

disability and, as a result of the suspected disability, a suspicion that the

student may require specially designed instruction based on the information

obtained during the 15-school day period described above.

▪ Prior Written Notice. The District’s Notice of Proposed Evaluation

shall describe any evaluation procedures that the District proposes

to conduct.

Please see the District’s Evaluation procedures set out

in Section 2.0: EVALUATION for additional requirements

regarding the District’s Notice of Proposed Evaluation.

19 TEX. ADMIN. CODE § 89.1011(a)

Tex. Ed. Code § 29.004; 19 TEX. ADMIN. CODE § 89.1011(b); 19 TEX. ADMIN. CODE § 89.1040(b)

34 C.F.R. § 300.504

34 C.F.R. § 300.505

19 TEX. ADMIN. CODE § 89.1011(b)(1)

34 C.F.R. § 300.304(a)

▪ Informed Written Consent. The District shall document that the

parent, legal guardian or adult student has been fully informed of all

information relevant to the activity for which consent is sought, in

his or her native language, and the mode of communication. The

District shall also document that the parent, legal guardian or adult

student acknowledged understanding and agreeing in writing to the

carrying out of the activity for which his or her consent is sought

(e.g., a full individual and initial evaluation). The consent will

describe the activity and indicate which educational records, if any,

will be released and to whom those records will be released.

• Notice and Consent by Email. The District may provide

prior written notice via email if the District offers and the

parent elects to receive the notice via email.

The District

may also obtain a parent’s or a guardian’s informed written

consent for an evaluation by using a record and signature in

electronic form that identifies and authenticates the person

or guardian as the source of the consent and indicates the

parent’s or guardian’s approval of the information contained

in the electronic signature.

• If the parent, legal guardian or adult student does not provide

consent for the initial special education evaluation, the

District is relieved of its Child Find duty and its obligation

to provide the student with a free appropriate public

education pursuant to IDEA.

However, the District

reserves the right in its sole discretion to file a request for a

special education due process hearing to override a lack of

parental consent for such evaluation. Designated staff should

provide the parent, legal guardian or adult student with a

ready, willing, and able letter regarding the District’s intent

to complete the evaluation with parental consent, together

with prior written notice (Notice of Proposed Evaluation)

documenting the District’s offer to evaluate and the basis for

the offer to evaluate and providing the parent or guardian

with a copy of TEA’s Procedural Safeguards Notice.

Please see Section 3.4: FAPE.

o Provide the parent, legal guardian, or adult student with prior written notice

of the District’s decision not to conduct an evaluation, if there is no evidence

34 C.F.R. § 300.9; Tex. Ed. Code § 29.004(a)(1)

34 C.F.R. § 300.505

Part B Procedural Safeguards in the COVID-19 Environment Q&A Document (June 30, 2020). OSEP. June 30,

2020.

34 C.F.R. § 300.300(a)(3)

of a suspected disability or a suspicion that the student may require special

education and related services.

▪ If appropriate, the student may be referred to the District’s Section

504 Coordinator or local campus designee for a potential Section

504 evaluation as outlined in the Student Handbook.

▪ Prior Written Notice. The Educational Diagnostician, LSSP,

Speech Therapist, or other Case Manager will prepare the Prior

Written Notice to include an explanation of why the District refuses

to conduct an initial evaluation as well as a description of the

information (assessments, records, reports or observations) that the

District used as a basis for its refusal to evaluate.

The District will

provide this prior written notice by means reasonably designed to

ensure that it is received by the parent, legal guardian or adult

student, and document the fact that the notice was sent. This notice

will be provided in a language that is understandable to the general

public and also in the native language of the parent, unless it is

clearly not feasible to do so.

Please see Section 1.5: CHILD

FIND.

1.5 How does the District attempt to ensure that parents or guardians of

Limited English Proficient students are included in the District’s

Child Find efforts and understand the District’s special education

process?

If the parent(s), legal guardian(s) or adult student is limited English proficient and the parent’s or

guardian’s native language is Spanish, the District will provide Admission, Review and Dismissal

(ARD) committee meeting notices and Prior Written Notices, as well as TEA’s Notice of

Procedural Safeguards and other special education related documents, to the parent or guardian

in Spanish (TEA’s Aviso Sobre Procedimientos de Protección). If the parent or guardian is

limited English proficient and the parent’s or guardian’s native language is Spanish, the District

will also provide either all of the text (comparable rendition) of the written Individualized

Education Program (IEP) translated into Spanish or an audio recording of the IEP translated into

Spanish. The District may also audio record an ARD committee meeting at which the parent or

guardian was assisted by an interpreter and offer the parent or guardian an audio recording of the

meeting; however, such recording shall not substitute for a written or audio recorded translation

of the IEP unless it includes an oral translation into Spanish of all of the content in the student's

IEP.

34 C.F.R. § 503(b)

34 CFR § 300.503(c)

19 TEX. ADMIN. CODE § 89.1050(i); Tex. Ed. Code § 29.005(d)

If the parent’s, guardian’s or adult student’s native language is other than English or Spanish, the

District will make a good faith effort to provide notices to the parent or guardian in the parent’s or

guardian’s native language, to provide a written or audio recorded translation of the IEP in the

parent’s or guardian’s native language, and to facilitate the parent’s or guardian’s participation in

any ARD committee meeting, including by arranging for an interpreter, unless it is clearly not

feasible to do so. The term “native language”’ when used with respect to an individual who is

limited English proficient, means the language normally used by the individual.”

1.6 What happens when the parent or guardian of a student attending

private school or being homeschooled in the District requests a

referral for a special education evaluation?

The District is responsible for identifying, locating and evaluating those students who reside within

the jurisdiction of the District but who are parentally placed in private schools or homeschooled.

The parent, legal guardian or teacher of a resident student who is parentally placed in private school

or home instructed may refer a student suspected of having a disability and in need of special

education and related services to the student’s home campus for District zoning purposes.

To meet its Child Find obligation to students who are homeschooled or attend private schools, the

District offers to meet at least annually with representatives from private schools within the District

and with parents who have placed their students in a private school within the District or who

home-school their students, about special education and how to refer a student for a special

education evaluation, and the special education and related service options available in the event

their student is eligible.

If the parent or legal guardian of a student who is home-instructed or who is placed in a private

school is offered an initial evaluation by the District but does not provide consent for the

evaluation, the District may not use the special education dispute resolution process to override

the lack of consent.

1.7 What about students who transfer?

If a student is in the process of being evaluated for special education eligibility by another public

school district and enrolls in the District before the evaluation is completed, the District will

coordinate with the student’s previous school district to ensure prompt completion of the initial

evaluation. If the student transfers from another public school district when an initial evaluation is

pending, the timelines for conducting the evaluation apply to Highland ISD unless:

• the District is making sufficient progress to ensure a prompt completion of the

evaluation; and

• the parent and the District agree to a specific time when the evaluation will be

completed.

20 U.S.C. § 1401(30); 19 TEX. ADMIN. CODE § 89.1050(f)

If a student transfers from another school district in Texas with an Individualized Education Plan

(IEP), the District will provide a free appropriate public education to the transfer student by

providing services comparable to the services described in the student’s IEP from the student’s

previous school district until:

• the District adopts the student’s IEP from the previous school district, or

• the District develops, adopts and implements a new IEP in accordance with the

procedures outlined in Section 3.0: FAPE.

If a student transfers from another state with an IEP, the District will offer services comparable to

the services described in the IEP from the sending school district until the District takes the

following actions:

• conducts a new full and individual evaluation, as described in Section 2.0:

EVALUATION, if the Educational Diagnostician, LSSP, Speech Therapist, or

other designated provider, determines that a new evaluation is necessary; and

• develops, adopts and implements a new IEP, if appropriate, in accordance with the

procedures outlined in Section 3.0: FAPE.

Additionally, the District will take reasonable steps to promptly obtain a transfer student’s special

education and general education records from the sending school district.

1.8 What protections are available for students who have not been

identified but may qualify for IDEA’s disciplinary safeguards?

Students not yet eligible for special education and related services may be entitled to the

disciplinary protections afforded eligible students, including the manifestation determination

review process. The District may be obligated to provide a manifestation determination review

and other disciplinary change of placement protections for a student even if the student is not yet

determined to be eligible for special education and related services at the time of the violation of

the District’s conduct code. Disciplinary protections shall be afforded to a student if the District

“had knowledge” that the student is a student with a disability prior to the behavioral incident at

issue. The District is considered to have knowledge (1) if the parent or guardian expressed concern

in writing to supervisory or administrative personnel, or a teacher of the student, that the student

is in need of special education and related services; (2) the parent or guardian of the student

requested an evaluation of the student pursuant to IDEA; or (3) the teacher of the student, or other

District personnel, expressed specific concerns about a pattern of behavior demonstrated by the

student directly to the director of special education or to other supervisory personnel of the District.

The District does not have knowledge that the student is a student with a disability if the District

34 C.F.R. § 300.323(e)

34 C.F.R. § 300.323(f)

34 C.F.R. § 300.323(g)

sought and the parent refused to permit the student to be evaluated or declined special education

and related services, or if the student was evaluated by the District and determined to be ineligible

by a duly constituted Admission, Review and Dismissal (ARD) committee.

FOR CHILDREN BIRTH-THREE YEARS OF AGE

who are Deaf or Hard of Hearing and/or Visually Impaired

ECI

Local Education Agency (LEA)

1. Will be the lead agency responsible for services

available as per Part C to all infants and toddlers

with disabilities birth through two.

a. IFSP must be developed within 45 days of

initial referral to ECI;

b. New or added services to the IFSP must be

delivered initially within 28 calendar days of IFSP

date;

c. Must attempt to reschedule missed or

cancelled visits within 1 week of missed visit

d. Will provide training and/or training

materials of LEA personnel on DHH/VI

documentation procedures as needed or requested.

1. Will meet all Part C requirements, including but

not limited to, a family-focused process, flexible

hours, full-year services, timelines, and procedural

safeguards for children, birth through two years of

age.

a. New or added services to the IFSP

must be delivered initially within 28

calendar days of IFSP date;

b. Must attempt to reschedule

missed or cancelled visits within 1

week of missed visit

2. Identifies and accesses all services for children,

birth through two, with known or suspected

auditory and/or visual impairments, including the

development of an IFSP in coordination with the

LEA within 45 days of referral.

2. As soon as possible, but in no case more than

seven days, provide referrals to the local ECI

program for all children under three years of age

discovered through the Child Find process

3 or affect b. ECI programs will provide to children

from birth to 36 months of age suspected of being

deaf or hard of hearing (D/HH) or a visual

impairment (VI) assistance to the family in

obtaining:

3. Will keep a folder on each child that contains, at

a minimum, the following documentation:

• Basic child and family information

• Referral information

• Consent for assessment by the LEA

• A copy of the eye doctor or otologist report

34 C.F.R. § 300.534

a. An evaluation by a licensed

ophthalmologist or optometrist;

b. An audiological evaluation by a

licensed audiologist if the

audiological assessment indicates

the child is deaf or hard of

hearing, the contractor must refer

the child to an otologist, as noted in

c below; and

c. An otological examination

performed by an otologist or by a

licensed medical doctor with

documentation than an otologist is

not reasonably available;

d. with parent consent, ECI programs

refer all children who are

suspected of being deaf/hard of

hearing or visually impaired to the

LEA for an evaluation by a teacher

certified to teach children with

D/HH or VI, whichever is

appropriate;

For children who are referred to the LEA for a

suspected D/HH or VI, ECI programs invite a teacher

certified to teach children who are deaf/hard of

hearing or visually impaired, as appropriate, to the

initial and annual IFSP (individualized family

service plan) meetings, and to other IFSP meetings

when issues related toy the D/HH or VI will be

addressed; and

e. Coordinate service delivery with the LEA

and other service agencies.

f. Have paperwork received and

documented by the 20

of each

month.

• Evaluation/assessment reports

• The IFSP

• Procedural safeguards forms (e.g., ECI

forms containing consent for

evaluation/assessment and services for the

local school district is providing)

• Documentation that written information

about the TSBVI and/or the TSD was given

to and signed by parents

annually. Document parent refusal to sign.

Provide ECI a copy and maintain a copy in

the LEA local folder.

• For children with visual impairments, the

Consent for Release of Confidential

Information: Student with a Visual

Impairment for TEA to release information

from the January Registration of Students

with Visual Impairments and, for children

with deafblindness, permission to release

information from the Deafblind Census;

and

• Copies of progress reports, to be copied to

ECI by the 5

of the following month. A

copy will be given to the parent if

requested.

• A list of suggested strategies will be given

to the parent to work on between visits as

determined by the DHH/VI teacher.

4. Ensures that all children are referred to the LEA

for evaluation related to a visual impairment. ECI

will refer to the LEA for the following:

4. Ensures that all children, birth through two,

referred with identified or suspected visual

impairments will provide the following:

a. A functional vision evaluation and

learning media assessment by a VI teacher;

a. A functional vision evaluation and

learning media assessment by a VI teacher;

b. An orientation and mobility evaluation by

a certified O&M specialist

b. An orientation and mobility evaluation by a

certified O&M specialist

c. ECI will provide LEA with a written

referral for VI services.

c. Any evaluations/assessments will be

completed and reports provided to the ECI

program within LEA timelines from signed

parent consent provided by parent or ECI to

the district.

d. Consultation by a teacher with a Visually

Impaired Endorsement who will

provide information and

recommendations to the local ECI program

assessment team;

d. A VI teacher to consult with the local ECI

program assessment team in planning all

aspects of the child's assessment and to

participate as a member of the

interdisciplinary team to determine

eligibility and to develop the IFSP, in some

cases may be via telephone or video

conference with parent consent.

e. Attendance notification will be sent

through a 14-day prior written notice, to

the VI teacher and/or the specialist of

Orientation & Mobility, for the initial and

annual IFSP meetings, and other IFSP

meetings when issues related to or

impacted by the visual impairment will be

addressed,

e. A teacher with a Visually

Handicapped/Impaired Endorsement to

attend as a member of the interdisciplinary

team, each annual IFSP meeting and each

IFSP meeting that addresses issues related

to and impacted by the visual

impairment. In some cases attendance may

be via telephone or video conference with

parent consent. The LEA may provide

written request to waive the 10-day

attendance notice;

f. Services for VI included in the IFSP will be

provided by a teacher with a Visually

Impaired Endorsement.

f. Services by a teacher with a Visually

Handicapped/Impaired Endorsement and

an orientation and mobility specialist, as

specified by the IFSP;

g. Will provide separate progress notes for

each child so that notes do not contain

information about more than one child. The

LEA will send originals, copies, or faxed

copies of the notes to the ECI program no

later than the 5th of the following month.

h. Materials that are available through Quota

Funds as specified by the IFSP; and

i. Registration of each child on the Annual

Registration of Students with Visual

Impairments; and as appropriate, on the

Deaf-blind Census.

5. Ensures that all children are referred to the LEA

for evaluation related to deaf/hard of hearing. ECI

will refer to the LEA for the following:

5. Ensures that all children, birth through two,

referred with identified or suspected deaf/hard of

hearing will provide the following:

a. A communication assessment, including

sign language, conducted by a teacher with a

Deaf/Hard of Hearing Certificate or other

professionals who are qualified to work with

children with auditory impairments;

a. Assessments required to determine the

need for services or adaptive equipment

related to the deaf/hard of hearing;

b. Consultation by a teacher with a Deaf/Hard

of Hearing Certificate who will

provide information and recommendations

to the local ECI program assessment team;

b. An D/HH teacher to consult with the local

ECI program assessment team in planning

all aspects of the child's assessment and to

participate as a member of the

interdisciplinary team to determine

eligibility and to develop the IFSP, in some

cases may be via telephone or video

conference with parent consent.

c. ECI will provide LEA with a written referral

for DHH services;

c. Any evaluations/assessments will be

completed and reports provided to the ECI

program within LEA timelines from signed

parent consent provided by parent or by

ECI to the district.

d. Attendance notification will be sent through

a 14-day prior written notice, to the D/HH

teacher at the initial and annual IFSP

meetings and at other IFSP meetings when

issues related to or impacted by the

deaf/hard of hearing will be addressed; and

d. An D/HH teacher to attend as a member of

the interdisciplinary team, each annual

IFSP meeting and each IFSP meeting that

addresses issues related to and impacted

by deaf/hard of hearing. In some cases

attendance may be via telephone or video

conference with parent consent. The LEA

may provide written request to waive the

10-day attendance notice;

e. Services for D/HH included in the IFSP will

be provided by a teacher with a Deaf/Hard

of Hearing Certificate.

e. Services by a teacher with a Deaf/Hard of

Hearing Certificate as specified by the IFSP;

f. Will provide separate progress notes for

each child so that notes do not contain

information about more than one

child. The LEA will send originals, copies,

or faxed copies of the notes to the ECI

program no later than the 5th of the

following month.

g. Necessary instructional support to ensure

that a child who is deaf/hard of hearing

has access to appropriate communication

which may include American Sign

Language (ASL), information about deaf

culture and all educational options,

including TSD, as appropriate

6. ECI will send notification of initial, periodic review,

and annual IFSP meetings to DHH/VI teacher &

special education director 10-days prior to IFSP

meeting. If no response comes from LEA, DHH/VI

services will not be addressed at that scheduled

IFSP meeting. A later periodic review meeting will

be scheduled in order to address DHH/VI services

with the DHH/VI teacher present.

6. Ensures that the DHH/VI teacher(s) will respond in

writing to the 10-day prior written notice of the

initial, periodic review, and annual IFSP meetings,

to indicate the intention to attend or not attend or

the need to reschedule.

7. DHH/VI teachers will have the opportunity to

review IFSP periodic reviews developed during

unattended meetings which did not address DHH/VI

issues. In the case of disagreement with IFSP

changes, the DHH/VI teacher must request in

writing that the IFSP team reconvene within five

days of receipt of the revised IFSP.

7. DHH/VI teachers will review IFSP periodic reviews

developed during unattended meetings which did

not address DHH/VI issues. DHH/VI teachers will

request in writing that the IFSP team reconvene

within five days of receipt of the revised IFSP.

8. Ensures that all families referred for

services receive all rights and procedural safeguards

as outlined in Part C.

8. Ensures that all families receiving services

for DHH/VI will be provided with specific

written information about the TSBVI and

the TSD annually. This action is to be

documented in the child’s folder at the

LEA, typically by a receipt document or an

assurance statement.

9. No Additional Requirements

9. Ensures that each LEA will enroll all

children, birth through two years of age,

with visual and/or deaf or hard of

hearing impairments who need

specialized services and include them in

the Public Education Information

Management System (PEIMS).

10. No Additional Requirements

10. Ensure that each LEA will cooperate fully

with all complaint investigations

conducted under Part C or the Family

Educational Rights and Privacy Act

(FERPA) and all data collection efforts to

the extent permitted by law.

11. Recognizes that the IFSP and IFSP team

meeting will replace the individualized

education program (IEP) and the

admission, review and dismissal (ARD)

committee for children birth through two

with visual and/or deaf or hard of

hearing impairments.

11. Recognizes that the IFSP and IFSP team

meeting will replace the individualized

education program (IEP) and the

admission, review and dismissal (ARD)

committee for children birth through two

with visual and/or deaf or hard of

hearing impairments.

TRANSITION PROCESS

ECI

LEA

1. By 27-33 months, strategies addressing transition must be

included in the IFSP. The IFSP must include the steps ECI

will take to assist the family in preparing their child for

transition, which will take place on the child’s third

birthday to:

• Early Childhood Special Education; or

• Other services that may be available, if

appropriate.

1. LEAs coordinate efforts with ECI programs

to support parent involvement in the

transition planning process

2. Part B Potentially Eligible Notification: ECI is required to

notify the LEA of children who are potentially eligible for

the special education program at least 90 days before the

child’s third birthday unless the parent opts out. This can

be done at the transition conference, in a referral packet,

or a written list titled Part B Potentially Eligible

Notification- including limited personally identifiable

information. Limited personally identifiable information

will include:

i. Child’s Name

ii. Date of Birth

iii. Parent’s Name(s)

iv. Language

v. Address

vi. ECI contact person

2. LEA will treat the Part B Potentially

Eligible Notification as the initial

referral. LEA will work with ECI to obtain

written consent to determine eligibility.

vii. ECI contact phone number

viii. Reason for late, if necessary

ECI will use the definition of potentially eligible provided

by the State ECI.

IFSP teams will need to consider the 13 disability

categories for special education. *Texas uses the

following list of disability categories to determine if

a child (aged 3-21) is eligible for special education

and related services:

• Autism (AU)

• Deaf-Blindness (DB)

• Deaf/Hard of Hearing (D/HH)

• Emotional Disturbance (ED)

• Intellectual Disability (ID)

• Multiple Disabilities (MD)

• Orthopedic Impairment (OI)

• Other Health Impairment (OHI)

• Learning Disability (LD)

• Speech Impairment (SI)

• Traumatic Brain Injury (TBI)

• Visual Impairment (VI)

• Non-Categorical Early Childhood (NCEC)

These listed disability categories are more general in

nature than a specific diagnosis. Only a few specific

diagnoses are mentioned under the federal

definitions. However, it is interesting to note that one of the

changes made to IDEA 2004 was the specific mention of

Tourette’s Syndrome under “Other Health

Impairment”. You can find the definitions of each of these

categories in TEA’s Rules and Regulations for special

education side-by-side document at

www.tea.state.tx.us/special.ed/rules.

The “Non-Categorical Early Childhood” category is not in

IDEA but was added in Texas to allow preschoolers to be

found eligible for special education without being labeled

with a specific disability. They do, however, still have to go

through the evaluation process. In Texas, a child between

the ages of 3-5 may be described as “NCEC” if he or she has

been found to need special education as a result of:

• Intellectual Disability (ID),

• Emotional Disturbance,

• Specific Learning Disability, or

• Autism.

To be eligible for special education services the child must

have a disability identified in one of the categories above,

AND have an educational need. Teams may want to

consider a child potentially eligible for special education if

the child has a disability (or disabilities) that can be

expected to adversely affect his/her ability to reach age-

appropriate educational goals without direct or indirect

support from a special education teacher, therapist, and/or

other special educator. A disability can affect the

educational process when it interferes with the child’s

ability to:

• learn,

• maintain health status required to attend and

participate in school,

• navigate the school environment,

• make and maintain positive relationships with

other children,

• communicate effectively with others,

• understand and process verbal instruction, and/or

• manage his/her own behavior.

3. The ECI service coordinator contacts the LEA to coordinate

the transition conference (face-to-face meeting). The

transition conference may occur as early as nine months

prior to and no later than 90 days prior to the child’s third

birthday. The ECI service coordinator will attend the

transition conference (face to face meeting).

108.1217 (b)

If the parent gives approval to convene the LEA Transition

Conference, the contractor must:

(1) meet the requirements in 34 CFR 303.342 and 303.343

which requires:

(A) the face-to-face attendance of the parent and the

service coordinator; and

(B) at least one other ECI professional

who is a member of the IFSP team who may participate

through other means as permitted 34 CFR

Reading further in a Q & A : Q: Does the face to face transition

meeting have to occur as part of an IFSP?

A. No, the transition conference with the LEA and the community

transition meetings do not need to occur as part of an IFSP

meeting. However, they do need to meet the federal requirements

of an IFSP meeting...which is notice, consent, and confidentiality

3. Each LEA will participate in transition

planning conferences arranged by the

designated local ECI program. In Texas, the

transition planning conferences are held no

later than 90 days before the child’s third

birthday. (34 CFR §300.124)

ECI will invite the LEA at least 14 days before the

transition conference.

LEA may waive the 14 day requirement

upon verbal request to convene at an earlier

date.

If the child is referred to ECI less than 90 days

prior to the child’s third birthday, no transition

conference is required. The Part B Potentially

Eligible Notification will still be sent to the school

with parent consent.

**The service coordinator will contact the LEA –

special education director to schedule the conference.

See directory for contact per LEA.

Note: A transition conference can be initial referral for

evaluation. A referral for evaluation is initiated once the

LEA obtains written consent for evaluation from the

parent/guardian.

Note: A transition conference can be initial

referral for evaluation. A referral for

evaluation is initiated once the LEA obtains

written consent for evaluation from the

parent/guardian.

At the transition conference, the family will

meet with the LEA contact who will:

• Explain and give a copy of a Guide to

the Admission, Review, and Dismissal

Process.

• Discuss how eligibility is

determined, the assessment

process, and the ARD process.

• Discuss the continuum of services

that may be available to the child

should the child be determined

eligible for services under Part B.

• The LEA documents the date of the

transition conference, participants,

and the steps discussed to

determine the child’s Part B

eligibility.

• The LEA follows up with the family

as appropriate after the transition

conference.

By the third birthday, an IEP has been

developed and is being implemented. (34

CFR §300.124; 34 CFR §300.101) Services

are made available to students on their third

birthday. (34 CFR §300.101(b))

4. If the school is not available (i.e. summer) ECI will conduct

the meeting and provide the parent information about

preschool special education and related services,

including a description of the Part B eligibility definitions,

timelines, and process for consenting to an evaluation and

eligibility determination and extended year services

4. Each LEA will provide information on the

following to ECI: information about

preschool special education and related

services, including a description of the Part

B eligibility definitions, timelines, and

process for consenting to an evaluation and

eligibility determination and extended year

services

5. No Additional Requirements

5. If the child’s third birthday occurs during

the summer, the child’s ARD committee

shall determine the date when services

under the IEP will begin. The ARD

committee decides when services begin on

an individual basis (i.e., immediately

through Extended School Year [ESY]

services or on the first day of the regular

school year). (34 CFR §300.101(b)(2))

6. As soon as possible after the transition conference (face-

to-face meeting), if the family wants their child to be

referred to the LEA for an evaluation to determine

eligibility for special education services, the

service/transition coordinator obtains a signed Consent

for Release of Records and sends referral and records to

the LEA. Records to be sent to the LEA include:

• A copy of the signed Consent for Release of

Information

• A referral cover sheet

• A copy of the latest of IFSP or IFSP review

• The latest evaluation which includes vision and

hearing (included in the Complete IFSP).

• Early Childhood Outcomes Summary Form (when

available).

If the service coordinator reasonably suspects that the

child may need Extended School Year Services,

documentation of experience of regression and

recoupment (which may include formal and/or informal

evaluations) should be included within the records sent to

the LEA.

ECI service/transition coordinator will continue to

forward pending/completed evaluations and IFSP’s to the

LEA with parent consent.

ECI will document confirmation that referral information

about the child has been transmitted to the LEA.

6. LEA will receive ECI records and

information. LEA will consider and decide

on ESY recommendations.

7. No Additional Requirements

7. LEA will schedule a meeting to discuss

evaluation and obtain consent for

evaluation prior to the child’s third

birthday.

The parent is provided a copy of the

Notice of Procedural Safeguards: Rights of

Parents of Students with Disabilities and a

Guide to the Admission, Review and

Dismissal Process. Parent signs a receipt

verifying that they have received the

documents and understand the contents.

The LEA shall have procedures in place

which meet the timeline requirements for

evaluation and the initial ARD committee

meeting for children referred during the

summer. The ARD Committee decides

when services begin for these children on

an individual basis (i.e., immediately

through Extended School Year [ESY]

services or on the first day of the regular

school year).

If the LEA determines that it will not

conduct an evaluation requested by the

parent of the child, the LEA will provide

the parent Prior Written Notice and a

copy of the Notice of Procedural

Safeguards of this decision within five

school days of the decision. (34 CFR

§300.503; 19 TAC §89.1015)

8. The ECI service coordinator may attend the evaluation

upon request of the LEA or the child’s parent. Parent

consent is required for the attendance of the ECI service

coordinator at the evaluation. Consent for release of

confidential information is required to release information

to the ECI.

8. The LEA will conduct a full and individual

initial evaluation (FIIE) according to IDEA

guidelines. (34 CFR §300.301)

The LEA will notify necessary specialists

for evaluation (OT, PT, DHH/VI, etc.).

The LEA may accept an outside evaluation

or conduct an evaluation to determine

eligibility for special education services

under Part B.

9. The ECI service coordinator may be notified of the ARD

meeting.

9. The LEA will schedule an ARD meeting with

the family to review the results of the

evaluation. LEAs will invite the ECI service

coordinator to the initial ARD committee

meeting at the request of the parent.

10. The ECI service coordinator may attend the ARD meeting

at the request of the parent or the LEA. Parent consent is

required for the attendance of the ECI service coordinator

at the request of the LEA. Consent for release of

10. During the ARD meeting, the evaluation

results are discussed and the eligibility

determination is made. If the child is

determined eligible for special education

confidential information is required to release information

to the ECI.

services under Part B, the IEP is developed

(34 CFR §300.323).

The ARD committee determines

placement based on the least restrictive

environment (LRE), within a continuum

of services in which a child’s IEP goals can

be achieved.

The parent must provide consent for

initial placement prior to initiation and

implementation of special education

services.

The parent reserves the right to not

provide consent for the initial provision

of special education and related services.

The parent reserves the right to revoke

consent for special education services at

any time.

11. If the ECI service coordinator does not attend the ARD

meeting, he/she may request information regarding

results of the ARD.

11. The LEA will obtain consent for release of

confidential information prior to releasing

information.

12. ECI will continue to provide full IFSP services until the

day before the child’s third birthday.

12. The LEA will provide services as

outlined in the IEP.

PROCEDURES FOR CHILDREN TURNING THREE DURING THE SUMMER

ECI

LEA

1. ECI will make every effort to schedule

transition conference meetings before the

end of the school year for children turning

three during the summer months for

children enrolled prior to the summer

months.

1. Transition Conference (face-to-face meeting) and

evaluations will be scheduled so that the ARD committee

meeting will be convened prior to the student’s third

birthday, and if possible prior to the end of the school year

preceding the child’s third birthday.

PROCEDURES FOR CHILDREN REFERRED TO ECI LESS THAN 90 DAYS BEFORE THE CHILD’S

THIRD BIRTHDAY

ECI

LEA

1. ECI will inform family of options for

services and timelines that need to be

followed.

1. No Additional Requirements

• The ECI service coordinator will

complete a Part B Potentially Eligible

Notification and send to the LEA for

potentially eligible children aged 33-36

months and include in the notification the

reason for the delay.

2. LEAs understand that receiving notification of a

child who is potentially eligible for Part B services

constitutes a referral to the Part B system and that

steps must be taken to initiate the evaluation

process to determine whether the child is eligible

for Part B services.

• If a child is referred fewer than 45 days

before the child’s third birthday, the IFSP

team is not required to plan steps in

transition services. ECI may refer child

directly to the LEA with written parent

consent.

3. For children who are referred from ECI less than 45

days prior to their third birthday, the LEA will treat

these students as Child Find and follow Child Find

procedures and timelines to determine

eligibility. They are not included in SPP 12 data

collection.

SCHOOL ACTION PLAN

Event

LEA Action Required

Part B Potentially

Eligible Notification

• Document and treat as Referral

• Collaborate with ECI to get Consent to evaluate for eligibility

• Assess

• Hold ARD meeting

• Implement IEP by 3

Birthday

Invitation to Transition

Conference

• Attend and treat as Referral

• Document date of conference, the participants, and the steps to

determine a child’s part B eligibility.

• Collaborate with ECI to get Consent to evaluate for eligibility

• Assess

• Hold ARD meeting

• Implement IEP by 3

Birthday

DHH/VI Referral for

Services

• Refer ECI to DHH/VI teacher

DHH/VI Teacher then:

• Obtain Assessment Consent Form

• Assess

• Attend IFSP meeting

• Begin Services if eligible

• Report Progress Notes for Each Visit to ECI by 5

Following Month- include “Parent To-Do List” at Visit

DEFINITIONS

ARD- Annual Review and Dismissal Meeting held to put services in place, similar to an IFSP meeting

D/HH- Deaf or Hard of Hearing

ECI- Early Childhood Intervention agency

ESC 14- Education Service Center Region 14

ESY- Extended School Year or summer school

IEP- Individualized Education Plan used to define services for academic aged children (3-21)

IFSP- Individualized Family Service Plan as defined in 34 CFR §303.20. A written plan of care for

providing early childhood intervention services and other medical, health and social services to an eligible

child and the child's family when necessary to enhance the child's development.

IFSP Team- An interdisciplinary team that meets the requirements in 34 CFR §303.24(b) (relating to

Multidisciplinary), and develops, reviews, modifies, and approves the IFSP and includes the parent, the

service coordinator, all ECI professionals providing services to the child, as planned on the IFSP, certified

Teachers of the Deaf and Hard of Hearing, as appropriate, and certified Teachers of Students with Visual

Impairments, as appropriate.

LEA- Local Education Agency

Limited Personally Identifiable Information- the child’s and the parent’s names, addresses, and phone

number, child date of birth, service coordinator’s name, language spoken by the child and family

Natural Environment- As defined in 34 CFR §303.26, settings that are natural or typical for a same-

aged infant or toddler without a disability, may include the home or community settings, and must be

consistent with the provisions of 34 CFR §303.126.

(What is not a natural environment? Hospitals, clinics, rehab centers, therapists offices, group

home setting)

Settings that individual families identify as natural or normal for their family including the home,

neighborhoods, and community settings in which children without disabilities participate.

Part B Potential Eligibility Notification- information sent to the school to begin the referral process, similar

to the former 90-day referral. IDEA Part B has 13 eligibility categories (see pages 8-9 for

categories).

Prior Written Notice- The school district must give a written notice (information received in

writing), whenever the school district:

(1) Proposes to begin or change the identification, evaluation, or educational placement of a

child or the provision of a free appropriate public education (FAPE) to a child; or

(2) Refuses to begin or change the identification, evaluation, or educational placement of a

child or the provision of FAPE to a child.

The school district must provide the notice in understandable language (34 CFR

§300.503(c)).

Procedural Safeguards- This document gives a parent of a child with a disability, a description of their legal

rights, or procedural safeguards, under the Individuals with Disabilities Education Act (IDEA).

Service Coordinator- The contractor's employee or subcontractor who:

(1) meets all applicable requirements in Subchapter C of this chapter (relating to Staff

Qualifications);

(2) is assigned to be the single contact point for the family;

(3) is responsible for providing case management services as described in §108.405 of this title

(relating to Case Management Services); and

(4) is from the profession most relevant to the child's or family's needs or is otherwise qualified to

carry out all applicable responsibilities.

SPP 12- State Performance Plan Indicator 12 for federal data collection on Early Childhood Transition from

Part C to Part B, required of LEA

SSA- Shared Service Arrangement or Education Cooperative (Co-op)

Transition Conference- former 120-day, tour of campus, treated as referral to LEA

TSBVI- Texas School for the Blind and Visually Impaired

TSD- Texas School for the Deaf

VI- Visual Impairment