Student Code of Conduct

Aiding Students Who Have Learning Differences or Who Need Special Education or Section 504 Services

For those who have academic or behavioral deficits in the general education classroom, all school districts must consider tutorial, compensatory and other support services that are available to all students, including a Multi-Tiered System of Supports (MTSS). The implementation of MTSS has the potential to have a positive impact on the ability of districts to meet the needs of all students who are struggling.

If a student is experiencing learning difficulties, their parent may contact the individual(s) listed in this section to learn about the school’s overall general education referral or screening system for support services. This system links parents to a variety of support options, including making a referral for a special education evaluation or for a Section 504 evaluation to determine if the student needs specific aids, accommodations, or services. A parent may request an evaluation for special education or Section 504 services at any time.

Special Education Eligibility, Requests, Reporting, and Resources:

Eligibility

The Individuals with Disabilities Education Act, also known as IDEA, is a federal law that gives eligible students with disabilities the right to receive special education services and assistance in school. If there is a suspected disability, a special education evaluation will be considered. In order for a student to be eligible for special education services, the student must have a need for specially designed instruction.

Who can request an evaluation?

Parents, Adult Student, or Guardians: A parent or guardian has the right to request a special education evaluation at any time. It is best to submit this request in writing to your school’s principal or to the school district’s special education director. If your child is pre-school age and not yet enrolled in school, send the letter to the district’s special education director.

School: If the school knows or has reason to suspect that the student has a disability and a need for special education services, the school must refer the student for a special education evaluation. More information on evaluation timelines can be found at: https://tea.texas.gov/academics/special-student-populations/review-and-support/timely-initial-evaluation-child-find

Reporting

The Texas Education Agency (TEA) changed the way it reports special education enrollment in school systems. TEA no longer includes a target for a school system’s total numbers of students in special education as part of state monitoring.

For special education representation, TEA only reports on over-representation within certain race, ethnicity and disability categories, as required by federal law. School systems cannot use this reporting data to delay, deny or prevent a referral for an evaluation for special education services.

Resources

TEA has created topic specific information for families. These resources can be accessed via this link: https://tea.texas.gov/texas-schools/health-safety-discipline/covid/parent-resources-for-students-in-special-education

Family members can call or log on to find answers to their questions as well as general information about special education
- SpEdTex.org
- 1 (855) 773-3839

Parents may request an evaluation for Special Education Services. It is best for parents to submit the request for an evaluation in writing to the school’s principal or the Director of Special Education Services. AISD must comply with all federal Prior Written Notice and Procedural Safeguard requirements and the requirements for identifying, locating, and evaluating children suspected of having a disability and in need of special education. If a parent makes a request for an initial evaluation for special education services to the Director of Special Education Services or an administrative employee of the school district, the district shall respond no later than 15 school days after receiving the request. At that time, the district shall give the parent a Prior Written Notice (PWN) of whether it agrees to or refuses to evaluate the student, along with a copy of the Notice of Procedural Safeguards. A request for a special education evaluation may be made verbally. A verbal request does not require the LEA to respond within the 15 school days timeline. However, whomever receives the verbal request should promptly direct the parent to the school principal or Director of Special Education Services to make a written request, and all Federal PWN and Procedural Safeguards must be adhered to.

When the AISD agrees to evaluate the student, parent consent must be obtained. The district will complete the initial evaluation and report no later than 45 school days from the day it receives a parent’s written consent to evaluate the student. However, if the student is absent from school during the evaluation period for three or more school days, the evaluation period will be extended by the number of school days equal to the number of school days that the student is absent. There is an exception to the 45-school-day timeline. If the district receives a parent’s consent for the initial evaluation at least 35, but less than 45, school days before the last instructional day of the school year, it must complete the written report and provide a copy of the report to the parent by June 30 of that year. However, if the student is absent from school for three or more days during the evaluation period, the June 30th due date no longer applies. Instead, the general timeline of 45 school days plus extensions for absences of three or more days will apply. Upon completing the evaluation, the district will provide the parent a copy of the evaluation report at no cost.

Additional information regarding special education is available from the district or in a companion document titled Parent’s Guide to the Admission, Review, and Dismissal Process.

Contact Information for Special Education Referrals:

The designated person to contact regarding options for a student experiencing learning difficulties or regarding a referral for evaluation for special education services is:

Director of Special Education/Section 504/Dyslexia at 682-867-0800

Section 504 Referrals:

The district has standards and procedures in place for the evaluation and placement of students in the district’s Section 504 program. The district has also implemented a system of procedural safeguards that includes notice, an opportunity for a parent or guardian to examine relevant records, an impartial hearing with an opportunity for participation by the parent or guardian and representation by counsel, and a review procedure.

Dyslexia and Related Disorders:

A school district may not delay an evaluation of a child suspected of having a disability because of the implementation of an intervention process where the school district: (1) suspects that a K-12 student has dyslexia or a related disorder; (2) identifies a student as at risk for reading difficulties, including dyslexia and related disorders, with quantitative and qualitative data showing that the student exhibits characteristics of dyslexia or other specific learning disabilities; or (3) removes a student from their assigned campus who exhibits academic difficulties in reading, spelling, written expression, or complex conditions and behaviors that could result from undiagnosed learning disabilities.

A school district shall seek parental consent for a full Individual Initial Evaluation (FIIE) that: (1) assesses for dyslexia and related disorders using the best practices for identifying dyslexia aligned with knowledge and practice standards of an international organization on dyslexia and other recognized professional organizations, including the process outlined in the Texas Dyslexia Handbook (Figure: 19 TAC § 74.28(c)); (2) assesses for associated academic difficulties and other conditions that commonly affect students with dyslexia; (3) includes at least one member on the multidisciplinary evaluation team with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction; and (4) continues to provide grade level, evidence-based core reading instruction (Tier 1) and providing appropriate tiered interventions.

When a student is evaluated by an LSSP or diagnostician for dyslexia or a related disorder under this section and is indicated not to have dyslexia or a related disorder, an individual defined in subsection (d) must be included in the interpretation of the evaluation data and co-sign the evaluation.

The identification of dyslexia based on a preponderance of data in the evaluation process in subsection (a): (1) satisfies the criteria for a student to meet the first prong of eligibility under IDEA. The state of Texas acknowledges that dyslexia is a condition included within the Specific Learning Disability category, thus dyslexia itself is a Specific Learning Disability and can be listed in the IEP as dyslexia, without the need to insert the broader term 'Specific Learning Disability; and (2) does not require a variance among specific areas of cognitive function or between specific areas of cognitive function and academic achievement.

If as a result of dyslexia, a student needs any additional instruction not provided to students without dyslexia, or additional instruction to access and progress in the general curriculum, then the ARD committee must: (1) consider the student is eligible for an Individualized Education Plan (IEP) as a student with a disability; and (2) document the instruction in the Individualized Education Plan (IEP) that aligns with the Texas Dyslexia Handbook (Figure: 19 TAC §74.28(c)) ensuring it is delivered with fidelity to program descriptors, grouping formats, and training and skill of the most qualified teacher while meeting the individual needs of the student; or (3) if a parent or guardian declines the IEP, the school district must submit a statement to TEA documenting that the parent fully understands the rights they are waiving under the IDEA before recommending accommodations via a 504 without delay.

Districts shall employ persons who may be a therapist, practitioner, specialist, or interventionist for students with dyslexia and related disorders. The person hired under this subsection is not required to hold a certificate or permit issued under Subchapter B in special education or a teaching certificate but must: (1) when dyslexia is suspected, be prioritized as a member of the multidisciplinary evaluation team under subsection (a) with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction; (2) be fully trained in the district's adopted dyslexia instructional material; and (3) hold an appropriate license, including a license issued under Chapter 403, Occupations Code; or (4) hold a certification issued by an appropriate association or have received training from an appropriate training provider, including an academic language practitioner or therapist certified by the Academic Language Therapy Association.

The completion of a literacy achievement academy under Section 21.4552 by an educator who participates in the evaluation or instruction of students with dyslexia does not satisfy the requirements of this subsection. (e) The board of trustees of each school district shall adopt a policy consistent with the grievance procedure adopted under Section 26.011, which does not interfere with parents due process rights under IDEA, to allow a parent to contest the school district's implementation of this section and the Texas Dyslexia Handbook (Figure: 19 TAC §74.28(c)). (f) The commissioner shall adopt rules as necessary to implement this section. The rules must: (1) include a process for school districts to submit a statement to the TEA each time a parent declines an Individualized

Education Plan that attests that the parent fully understands the rights they are waiving under the IDEA; and (2) include annual training requirements and signed affidavits to ensure Hearing Officers and School Board Trustees are aware and understand changes in legislation, commissioner rules, and any updated guidelines from the State Board of Education.

Contact Information for Section 504 Referrals:

The designated person to contact regarding options for a student experiencing learning difficulties or regarding a referral for evaluation for Section 504 services is: