Dismissal & Discontinuing SpEd Services

What's Required

A student is eligible to receive special education services from their LEA under the following circumstances:

Texas Administrative Code § 89.1050: (b) For a child from birth through two years of age with visual and/or auditory impairments, an individualized family services plan (IFSP) meeting must be held in place of an ARD committee meeting in accordance with 34 CFR, §§300.320-300.324.

The ARD/IEP committee determines whether a child has a disability and by reasons of the disability, needs special education and related services (20 U.S.C. §§ 1401, 1414, 6368; 34 C.F.R. Part 300; 19 T.A.C. Chapter 89). Some of the things that must be considered when making the determination include the following:
  • The full and individual evaluation (FIE) that determines if the student has a disability condition recognized under IDEA.
  • A child is at least three but not more than 21 years of age and has one or more of the disabilities listed that prevent the student from being adequately or safely educated in public school without the provision of special services (19 TAC 89.1035).
  • Parental consent for services

What We Do

The Role of the Case Manager/Special Education Teacher
The level of need for special education services should continuously be evaluated based on data such as standardized test scores, instructional assessments tools, and academic assignments. The Special Education teacher should be collecting and analyzing the data regularly and making recommendations to the ARD/IEP Committee regarding the possibility for adjustment of IEP services or possible reevaluation for dismissal. 

Special education services shall be discontinued when one of the following occurs:

No Longer Eligible for Services
  • If the ARD/IEP Committee determines a student does not have an eligibility condition under IDEA based upon an evaluation, or if the committee finds that the student does not need specially designed instruction provided though special education as a result of the disability, the committee will determine that the student is not eligible for special education services.
  • Before discontinuing services, however, the school must give the parent(s) and/or adult student prior written notice
Services Through Age 21
  • Special education services are available to all eligible students ages 3-21.
  • A student receiving special education services who is 21 years of age on September 1 of a school year shall be eligible for services through the end of that school year or until graduation with a regular high school diploma, whichever comes first.
  • Graduation with a regular high school diploma terminates a student's eligibility to receive special education services.
Revocation of Consent for All Special Education Services
  • If, at any time after the school begins providing special education and related services to the student, the parent(s) and/or adult student choose to revoke consent for services, the school must discontinue providing special education and related services to the student.
  • Before discontinuing services, however, the school must give the parent(s) and/or adult student prior written notice.
  • Upon obtaining, a signed Notice of Revoking Consent (found in eSped) for special education services from the parent(s) and/or adult student, please send the form to the district special education records room. The original prior written notice consent form should be filed in the student’s special education state eligibility folder.

Guidelines for Dismissal ARD/IEP Meetings

1. Diagnostician/ARD Facilitator schedules  a  campus based staffing and consults with  any other individuals with knowledge or special expertise regarding the students including additional service providers (i.e. licensed school psychologist and/or speech language pathologist) on the multidisciplinary team  to propose assessment to review continued eligibility for special education services.
2. Diagnostician/SLP Clerk consults with parent regarding a mutually agreed upon date/time for meeting. 
3.  Diagnostician will request assessment during a Revision ARD.
4.       Diagnostician and any other assessment staff members will complete the top portion of the REED in Reevaluation 2012 within eSped.
5.       Diagnostician completes Notice of FIE.
6. Diagnostician provides Procedural Safeguards to parents notifying them of the multidisciplinary team meeting to review continued eligibility for Special Education Services. 
7. Diagnostician notifies the IEP Team: classroom teacher(s), special ed teacher, speech (as needed), Student Support Specialist , and LEA representative.
Note: For student being dismissed from special education services, the student support specialist will attend the IEP meeting and setup an RTI Committee meeting to discuss Tier 2 support implementation and monitoring as the student transitions out of special education
8. Diagnostician/SLP Clerk sends Google invite to team members via email. 
    Clerk will follow the process for Parent Contact as for any ARD/IEP Meeting.
9. Diagnostician secures Consent to Evaluate during the multidisciplinary team meeting and determines whether additional formal/informal assessment is warranted. 
10.     Assessment personnel conduct the Review of Existing Evaluation Data (REED) or additional formal/informal assessment. 
a. If dismissal from any or all disability areas ( ex: Speech) is deemed appropriate, the assessment staff conducts an annual IEP meeting to review the evaluation stating the child is no longer eligible under IDEA.
b. If the child continues to be eligible for Special Education Services through an IEP, but has a change in disability, the assessment staff reviews the evaluation the NEW re-evaluation date becomes the date of the meeting. 
11. Secure the parent’s signature during the meeting, unless the student is 18 and can sign for him/herself.
-- If unable to secure signature, document attempts in eSped and diagnostician folder  (Example: “Parent did not attend or respond to notifications”)
12. Send copies of all documents to parent, if parent does not attend. 
13. Send all originals of IEP documents, FIE, notifications, and responses, to  to the district special education records room. within five school days of the meeting date. 


Additional Resources