The TEA's Parent's Guide to the Admission, Review, and Dismissal Process states:

There is a two-part test for determining whether your child is eligible for special education and related services: (1) your child must have a disability; and (2) as a result of the disability, your child must need special education and related services to benefit from education.

To meet the first part of the two-part test for eligibility, a child between the ages of 3 through 21, except as noted, must meet the criteria for one or more of the disability categories listed below:

• auditory impairment (from birth)
• autism
• deaf blindness (from birth)
• emotional disturbance
• intellectual disability
• multiple disabilities
• noncategorical early childhood (ages three through five)
• orthopedic impairment
• other health impairment
• specific learning disability
• speech or language impairment
• traumatic brain injury
• visual impairment (including blindness from birth)

The ARD committee must make the eligibility determination within 30 calendar days from the date of completion of the initial evaluation report.

In order to help our students achieve their highest potential, an individualized education plan is developed for every student receiving services through the Special Education Department. This plan is developed after a comprehensive multi-disciplinary team, including parents, has reviewed all the needs of the child. The plan sets short-term goals, long-term goals, and determines instructional and related services, which will best facilitate the child’s progress in the least restrictive environment.

• Notice of Procedural Safeguards
• Parent Guide to ARD
• Region 10 Education Service Center Special Education
• Region 18 Legal Framework
• Special Education Acronyms 

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.