For those students who are having difficulty in the regular classroom, all school districts and open enrollment charter schools must consider tutorial, compensatory, and other academic or behavior support services that are available to all students, including a process based on Response to Intervention (RtI). The implementation of RtI has the potential to have a positive impact on the ability of districts and charter schools to meet the needs of all struggling students.

If a student is experiencing learning difficulties, his or her parent may contact the individual(s) listed below to learn about the school’s overall general education referral or screening system for support services. This system links students 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. 

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

Contact Person: Jennifer Anderson, Special Education Director

Phone Number: 940-759-2281 x618

If a parent makes a written request for an initial evaluation for special education services to the director of special education services or an administrative employee of the school district or open enrollment charter school, the district or charter school must respond no later than 15 school days after receiving the request. At that time, the district or charter school must give the parent a prior written notice of whether it agrees to or refuses to evaluate the student, along with a copy of the Notice of Procedural Safeguards.  If the school district or charter school agrees to evaluate the student, it must also give the parent the opportunity to give written consent for the evaluation. 

Please note that a request for a special education evaluation may be made verbally and does not need to be in writing.  Districts and charter schools must still comply with all federal prior written notice and procedural safeguard requirements and the requirements for identifying, locating, and evaluating children who are suspected of being a child with a disability and in need of special education. However, a verbal request does not require the district or charter school to respond within the 15-school-day timeline.

If the district or charter school decides to evaluate the student, it must complete the student’s initial evaluation and evaluation 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 a district or charter school 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 or charter school must give the parent a copy of the evaluation report at no cost.

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

The term child with a disability is defined to mean a child with certain conditions who, by reason thereof, needs special education and related services. §300.8(a)(1)

Special education is defined by federal law as specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability. §300.39(a)(1)

Specially Designed Instruction means adapting the content, methodology or delivery of instruction, as appropriate to the meet the needs of an eligible student.  By doing so the unique needs of the child that result from the child's disability can be addressed.  This also ensures access to general curriculum for this student so that he can meet the educational standards within the jurisdiction of the public agency that apply to all students.  This is an assurance of least restrictive environment (LRE).  §300.39(b)(3)

An Admission, Review, and Dismissal (ARD) Committee reviews the full and individual evaluation and determines:

1. Whether or not a student meets the definition of a child with a disability under federal and state law  (visual impairment; auditory impairment; deaf-blindness; autism; emotional disturbance; intellectual disability; orthopedic impairment; other health impairment;  learning disability; speech Impairment; traumatic brain injury; non-categorical early childhood); and

2. How that disability affects the child's education. Educational need may be evidenced in: academics, behavior, socialization, communication, life and/or vocational skills

3. And, if eligible, determines appropriate special education and related services to meet the child's educational needs arising from the disability within the least restrictive environment

Related services are available to support an eligible student's special education. Therefore, a student must qualify for special education in order to receive related services (as noted above).

Further information may be obtained by contacting your child's school and/or the Special Education Director at 940-759-2281 x618 or  jennifer.anderson@muensterisd.org.