Evaluation Consent & Notice Checklist — Texas IDEA

🆕

Initial Evaluation

First-time referral — never been evaluated for special education

Consent for Initial Evaluation

Must be signed before evaluation begins. Consent for evaluation is separate from consent for placement — do not combine. Consent is voluntary and may be revoked at any time.

34 CFR §300.300(a) · 19 TAC §89.1050

↩ Comes back

Signed consent form returned by parent

Notice of Procedural Safeguards

Must be provided at first referral for evaluation. Use current TEA-published version. Must be in parent's native language if not English.

34 CFR §300.504

↩ Comes back

Confirmation safeguards were provided (documented)

Receipt of Procedural Safeguards

Separate from providing the safeguards notice — parent signs to confirm receipt. File the signed receipt in the student's records.

34 CFR §300.504

↩ Comes back

Signed receipt returned by parent

Overview of Special Education for Parents

TEA SPEDTEX form — required by Texas law at initial eval

Explains the special education process to families. Available at spedtex.org. Send with the consent packet. Must be provided before or when seeking consent.

TEC §29.0031(a)(1)

↩ Comes back

Signed acknowledgment of receipt

15 school days for parent to respond

45 school days from signed consent to archive FIE

30 calendar days after archiving to hold ARD

🔍

REED Only

Review of existing data — ARD determines no new testing is needed

Consent for Re-evaluation

Required unless district has documented reasonable efforts to obtain consent and parent has not responded. If parent refuses, district may NOT proceed.

34 CFR §300.300(c) · 19 TAC §89.1011(e)

↩ Comes back

Signed consent returned by parent

Notice of Proposal to Evaluate (PWN / NOPE)

Prior Written Notice required before proposing any re-evaluation. Describes action proposed, reasons, options considered, and data used in the decision.

34 CFR §300.503

↩ Comes back

Documented confirmation of receipt

Receipt of Procedural Safeguards

Required at least once per school year. If already provided this year at a prior meeting, document that — safeguards must still be available upon request.

34 CFR §300.504(a)

↩ Comes back

Signed receipt returned by parent

Every 3 years minimum re-eval required

No more than once per year without parent consent

After REED: notify parent of findings and right to request additional assessment even if no new testing is recommended.

🔄

Full Re-evaluation

Triennial or requested — new testing will be conducted

Consent for Re-evaluation

Required unless district has made documented reasonable efforts and parent has not responded. If parent refuses, district may NOT conduct re-eval. Document all contact attempts — dates, method, outcome.

34 CFR §300.300(c) · 19 TAC §89.1011(e)

↩ Comes back

Signed consent returned by parent

Notice of Proposal to Evaluate (PWN / NOPE)

Prior Written Notice describing the proposed re-evaluation, the reasons for it, and the information used in the decision.

34 CFR §300.503

↩ Comes back

Documented confirmation of receipt

Receipt of Procedural Safeguards

Required at least once per school year. If already provided this year at a prior ARD, document it here — confirm with parent.

34 CFR §300.504(a)

↩ Comes back

Signed receipt returned by parent

45 school days from signed consent to archive FIE

30 calendar days after archiving to hold ARD

No-response rule: document all outreach attempts

➕

Special Request Eval

Student already in sped — mid-cycle eval for a new area before the 3-year (e.g., speech student getting an SLD eval)

Consent for Evaluation

Specific to the new area(s) being evaluated

Must be signed before evaluation begins in the new area. Does not reset the triennial re-evaluation clock.

34 CFR §300.300 · 19 TAC §89.1050

↩ Comes back

Signed consent returned by parent

Notice of Proposal to Evaluate (PWN / NOPE)

Describes the new evaluation area(s) being proposed, the reason for the evaluation, and the data used in the decision.

34 CFR §300.503

↩ Comes back

Documented confirmation of receipt

Receipt of Procedural Safeguards

Required if not already provided this school year. If safeguards were given at a recent ARD or start of year, document that — no need to re-send, but note it in the file.

34 CFR §300.504(a)

↩ Comes back

Signed receipt, or documentation that safeguards were already provided this year

45 school days from signed consent to archive FIE

30 calendar days after archiving to hold ARD

Does not reset the triennial clock