1. Can my child be dismissed from special education?
2. What if the ARDC determines that no additional data, and/or assessments are needed?
3. What happens after the reevaluation is completed?
4. What can I do if I disagree with the school’s reevaluation?
5. What can I do if the school does not accept the results and recommendations of the Independent Educational Evaluation (IEE)?
1. Can my child be dismissed from special education?
If the school feels that your child no longer has a disability that requires special education and related services, a Review of Existing Evaluation Data (REED) must take place as part of the reevaluation of your child to determine whether or not your child continues to qualify as a child with a disability. The ARD Committee, including the parents, must determine what evaluations are needed and the school must obtain your written consent to reevaluate unless it can demonstrate that it took reasonable measures to obtain your consent and you failed to respond. TEA guidance on the REED process is available here.
2. What if the ARDC determines that no additional data, and/or assessments are needed?
Upon completion of the REED and consensus that no additional testing is needed, the school must inform you of that decision, and of your right to request assessments. The school must conduct an assessment if the parents request it, even if the school feels it is not necessary.
3. What happens after the reevaluation is completed?
Copies of all evaluation reports/documentation used by the assessment team must be provided to the parents. Prior notice is sent to the parents to schedule an ARD meeting at a mutually agreeable time to review the evaluation data and determine if the student continues to be eligible for services. See Special Education Eligibility for more information on what happens when the evaluation is complete.
4. What can I do if I disagree with the school’s reevaluation?
If you feel the reevaluation is incomplete or inaccurate, you can ask for additional testing. If you disagree with an evaluation provided by the school, you have the right to request an Independent Educational Evaluation (IEE). An IEE is an evaluation conducted y a qualified person who is not employed by the school. The school must give you information about its evaluation criteria and where to get an IEE.
5. What can I do if the school does not accept the results and recommendations of the Independent Educational Evaluation (IEE)?
The ARD committee must discuss and consider Independent evaluations, but they are not required to accept any or all of the recommendations. If they reject the findings and the recommendations of the IEE, you have the right to check “disagree”.
When mutual agreement about all required elements of the IEP is not achieved, the party (the parents or adult student) who disagrees shall be offered a single opportunity to have the committee recess for a period of time not to exceed ten school days. During the recess, you and the rest of the ARD committee members must gather more data, work on documentation, and maybe get other people involved. The ARD will reconvene and if you and the school cannot reach an agreement, the school must implement the IEP it determines appropriate for your child and provide you with prior written notice that this is what will happen.
The reasons for your disagreement must be stated in the IEP. You may write your own statement about the disagreement, if you choose. Your child is entitled to stay in his/her current placement until you reach agreement with the school, settle through mediation, or receive a due process decision that is not appealed. For further information on resolving disputes, please see Dispute Resolution Process overview or The Special Education Dispute Resolution Systems Handbook created by the Texas Education Agency.
