FIIE Timelines

Eval Q1: Are LEAs still held to timeline requirements regarding Full and Individual Initial Evaluations (FIIE) in light of potential changes to school calendars and schedules due to the COVID-19 pandemic?

Eval A1: Yes. Please refer to the School Finance FAQ, listed under Waivers & Funding, on the TEA Coronavirus (COVID-19) Support and Guidance website. In situations in which LEAs are “Closed, Preparing” or “Closed, Temporary,” state evaluation timelines halt as these timelines are based on school days. In situations in which LEAs are “Closed, instructing” or “Open,” the 45 school-day timeline requirements of Texas Education Code sec. 29.004 apply.

On March 16th, 2020 the United States Department of Education (ED), Office for Civil Rights (OCR) published a fact sheet acknowledging that evaluations might be delayed due to issues related to the current COVID 19 pandemic. However, there has been no communication from ED, as of the publication of this document, indicating that the required timelines have been waived for purposes of compliance reporting.

• The link below is the 4.9.20 TEA COVID19 and SPED Q&A that provides the guidance above:
  https://tea.texas.gov/sites/default/files/covid19_special_ed_qa_updated_april_9vf.pdf

• The link below is the 3.19.20 TEA School Finance Q&A that provides the definition of the four categories of “school day”: https://tea.texas.gov/sites/default/files/School%20Finance%20FAQ%20March%2019%202020.pdf

• The link below is the 3.16.20 USDE OCR Fact Sheet that provides information about possibly delayed evaluations: https://www2.ed.gov/about/offices/list/ocr/docs/ocr-coronavirus-fact-sheet.pdf

Notes:

• FIIE timelines are built on “school days”. The 45 school day timeline is counted when the school is “Closed, Instructing” or “Open”.

• The timeline halts when the school is “Closed, Temporary” or “Closed, Preparing”

• School closures do not change an LEA’s obligation to meet TAC 89.1011(c)(1) that sets forth the 45 school day timeline.

IEP Q2: Are LEAs still held to the 30 calendar day timeline requirements regarding initial eligibility determination, IEP, and placement decision ARD committee meetings upon completion of an FIIE in times of emergencies such as the COVID 19 pandemic?

IEP A2: Yes. Requirements related to the 30-calendar day timeline for initial eligibility determination, IEP, and placement decision ARD committee meetings still apply. The ARD committee may meet by teleconference or other means (if all members are able) when necessary, to meet this required timeline. If there are deviations from legally established timelines, LEAs should document in the student’s folder all reasonable efforts made to follow timelines.

• The link below is the 4.9.20 TEA COVID19 and SPED Q&A that provides the guidance above:
  https://tea.texas.gov/sites/default/files/covid19_special_ed_qa_updated_april_9vf.pdf

General Points to Consider from the COVID19 and Special Education in Texas FAQ:

• “Above all, LEAs should prioritize health and safety of students, staff, and communities.”

• “LEAs should provide proactive and ongoing communication with parents and families of students with disabilities. LEAs should identify communication channels to and from parents and families and ensure there are real-time opportunities for questions and concerns to be responded to and needs addressed.”

• “If there are unavoidable deviations from legally established timelines, LEAs should document in the student’s folder all reasonable efforts made to follow timelines.”