2. Assessment

3. Definition Pre-referral Decisions: Attempt to ameliorate the problem prior to referral (classroom based assessment) Entitlement Decisions: Screening, referral and eligibility (formal and informal assessment) Post-entitlement Decisions: Planning instruction, writing goals and objectives and evaluating student progress

4. Definition (cont.) Accountability/Outcome Decisions: Evaluate curricula, specific programs, and school, state and national performance (formal)

5. Protections Pre-referral interventions should not have the effect of delaying the referral of an eligible student If a school declines a parents request to evaluate a student, the district must notify the parents in writing of the refusal The notification must include the reasons for the refusal and inform the parents of their due process options

6. Protections (cont.) A comprehensive and individualized evaluation must be conducted prior to the initiation of special education placement or services Parental consent required when a district is proposing its’ intent to conduct an evaluation- reasonable amount of time prior to the evaluation and in writing

7. Protections (cont.) The notice must be understandable to the general public and contain due process information, along with an explanation of what the school is proposing and the evaluation procedures to be utilized The evaluation team members must be “qualified” Parent participation is allowed, but not required

8. Protections (cont.) Evaluation materials and procedures must be provided and administered in the student’s native language or mode of communication, valid and administered by trained personnel Must be individualized Reflect aptitude or achievement level Multiple tools utilized

9. Protections (cont.) Decisions made by the evaluation team Assessed in all areas of suspected disability Process should be non-discriminatory Larry P. v. Riles- banned IQ instruments for African American students PASE v. Hannon- not racially biased Crawford v. Honig- does not prohibit the use of IQ tests

10. Protections (cont.) Interpretation of data- professional judgment

11. Re-evaluation Every three years, at a minimum Similar process as initial evaluation More frequent may be necessary Parental consent required

12. Independent Educational Evaluations Conducted by a qualified individual not employed by the school district Parents can request anytime District must provide info. To parents Must consider the results Parent may not be reimbursed if district evaluation is appropriate

13. Independent Educational Evaluations (cont.) Goal- develop an appropriate program When an IEE is wrong- correct the record in writing Consider all sources of information IEE’s are part of the procedural safeguards

14. Accountability Minimum competency testing- legally sound if instructionally valid and non- discriminatory Inclusion- IEP team determines