ACTION
REQUIRED
April 28, 2004
TO THE ADMINISTRATOR ADDRESSED:
SUBJECT: Required Statement to Be Given to a Parent of Each District Student
This letter provides a written statement that districts must provide annually to a parent of each
district student, beginning with the 2004-2005 school year. The statement must be distributed in
written form to each parent every year, by including the statement in the student handbook, or
through other means such as a letter to each parent, newsletter to each parent, etc.
The 78th Legislature amended the Texas Education Code (TEC), §26.0081, to require the Texas
Education Agency to produce and give to school districts, including charter schools, a written
explanation of the options and requirements for providing assistance to students who have
learning difficulties or who need, or may need, special education. The explanation must state that
the parent is entitled at any time to request evaluation for special education services.
The requirement is designed to address issues resulting from an amendment to TEC, §29.004,
which changed the trigger date for the 60-calendar day timeline for the completion of the full
individual and initial evaluation of a student for special education services. Historically, the
timeline started with the date of referral. Now the timeline begins on the date the district receives
written consent for the evaluation. The primary purposes of the written statement are to ensure
that parents understand their right to request an evaluation of their child for special education
services and to prevent any unnecessary or inappropriate delays in special education evaluations
related to the failure to seek timely consent from parents.
Please refer to the enclosed document for the exact statement that must be given to parents. If
the student handbook is the vehicle for distribution, the placement of the statement should be
based on a logical sequence and flow. It is important that district administrators and teachers
understand the content of the statement and are able to explain it to parents, if needed.
To facilitate the use of this statement, an electronic version is available on the TEA website at:
http://www.tea.state.tx.us/special.ed/resources/statement.html.
For any questions regarding this requirement, please contact your regional education service
center special education component or the Division of Special Education Programs and
Complaints at (512) 463-9414.
Sincerely,
Susan Barnes
Associate Commissioner for Standards and Programs
SB:MM
Enclosure
Options and Requirements
For Providing Assistance to Students Who Have Learning
Difficulties or Who Need or May Need Special Education
If a child is experiencing learning difficulties, the parent may contact the
person listed below to learn about the district’s overall general education
referral or screening system for support services. This system links
students to a variety of support options, including referral for a special
education evaluation. Students having difficulty in the regular classroom
should be considered for tutorial, compensatory, and other support
services that are available to all students.
At any time, a parent is entitled to request an evaluation for special
education services. Within a reasonable amount of time, the district must
decide if the evaluation is needed. If evaluation is needed, the parent will
be notified and asked to provide consent for the evaluation. The district
must complete the evaluation and the report within 60 calendar days of
the date of the district receives the written consent. The district must give
a copy of the report to the parent.
If the district determines that the evaluation is not needed, the district will
provide the parent with a written notice that explains why the child will not
be evaluated. This written notice will include a statement that informs the
parent of their rights if they disagree with the district. Additionally, the
notice must inform the parent how to obtain a copy of the Notice of
Procedural Safeguards - Rights of Parents of Students with Disabilities.
The designated person to contact regarding options for a child
experiencing learning difficulties or a referral for evaluation for special
education is:
Contact Person:
Phone Number: