1. Identification, Assessment, and Evaluation
Yell / The Law and Special Education, Second Edition
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2. Identification, Assessment, & Evaluation
LEAs shall conduct a full and individual evaluation before the initial provision of special education and related services to a child with a disability (IDEA, 20 U.S.C. 1414(a)(1))
In addition to determining eligibility, the evaluation must also be used to determine the student’s educational needs
Yell / The Law and Special Education, Second Edition
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3. Purposes of Assessment/Evaluation
Entitlement Decisions
Programming Decisions
Accountability/Outcome Decisions
Yell / The Law and Special Education, Second Edition
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4. Requesting an Assessment/Evaluation
IDEA 2004 includes language that allows either a parent, the SEA, another state agency, or school district personnel may initiate a request for an initial evaluation (IDEA, 1414 (a)(1)(B)
The IEP and other qualified professionals review existing data, determine if additional tests are required, interpret all evaluation data and determine eligibility based on the data.
Assessment/evaluation data must lead to intervention
Yell / The Law and Special Education, Second Edition
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5. Referral Process
Multidisciplinary team (MDT) receives a student referral
MDT decides if sped assessment is needed
MDT seeks parental permission to assess
MDT receives informed consent
MDT conducts assessment
Yell / The Law and Special Education, Second Edition
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6. Parental Consent for Assessment
An agency responsible for FAPE must seek parental consent prior to evaluation or providing special education services
An agency must make reasonable attempts to get consent of parents of children who are wards of the state
If a parent refuses consent:
For evaluation: the agency may use due process to obtain authority for evaluation
For services: the agency may NOT use due process in seeking to provide services; there is no fault to the public agency, and no IEP meeting is required
Yell / The Law and Special Education, Second Edition
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7. Assessment Process MDT team conducts evaluation
Does the child have an IDEA disability
Does the child need special education
Appoints IEP team
Yell / The Law and Special Education, Second Edition
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8. Determining Needed Evaluation Data
Review existing evaluation data
Parentally provided information
Classroom-based assessments & observations
Observations by teachers
Formal and informal assessments
Yell / The Law and Special Education, Second Edition
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9. Evaluation Data Needed
Identify the data that is needed to determine:
Category of disability
Present levels of performance
Special education & related services
Modifications to allow child to meet IEP goals & participate in general education
The student’s progress
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10. Evaluation Materials Test and Evaluation materials
Must not be discriminatory
Must be given in the child’s native language or mode of communication
Must be used to assess all areas related to the suspected disability
Technically sound instruments to assess
Cognitive & behavioral factors
Physical & developmental factors
Yell / The Law and Special Education, Second Edition
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11. Standardized Tests Standardized tests must: Be valid
Be administered by trained personnel in conformity with instructions
Reflect of the student’s aptitude or achievement
Assess specific areas of educational need
Yell / The Law and Special Education, Second Edition
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12. Evaluation Procedures
A variety of assessment tools & strategies must be used to collect functional & developmental information that may assist in determining:
Whether the child has a disability
The content of the IEP
No single procedure may be the sole criterion
Decisions must be made by a multidisciplinary team
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13. Nondiscriminatory Evaluation
Tests must be selected & administered that are not racially or culturally discriminatory
IDEA provides no guidance on how to accomplish this
This section is to address the overrepresentation of minority students
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14. Interpreting Evaluation Data
Draw on information from a variety of sources
Decisions must be documented and carefully considered
Decisions must be made by a team (usually IEP team)
Placement decisions must be accordance with LRE requirements
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15. Procedures For Initial Evaluation
There is a 60-day timeframe from receipt of parental consent for initial evaluation until the initial evaluation is conducted, unless the state establishes its own timeframe within which an evaluation must be conducted.
The timeframe does not apply if:
The child attends a new school district after consent is given but before the evaluation is conducted; or
The parent fails to, or repeatedly refuses to, produce the child for evaluation
Yell / The Law and Special Education, Second Edition
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16. Special Rules for Determining Eligibility in IDEA 2004
A child will not be determined to be a child with a disability if the basis of the child’s problem is lack of scientifically based instruction in reading, lack of appropriate teaching in math, or LEP
Scientifically based reading instruction addresses the essential components of reading as listed by the National Reading Panel
Yell / The Law and Special Education, Second Edition
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17. Special Rule for Determining Eligibility for Learning Disabilities (IDEA 2004)
When determining whether a child has a learning disability, an LEA shall not be required to take into consideration a discrepancy between ability and achievement
An LEA may use a process that determines if the child responds to scientific, research-based instruction
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18. Triennial Reevaluation
Three year reevaluation may be conducted to determine
If the student is still eligible for services under IDEA
Determine the student’s present levels of academic achievement and functional needs
Whether any additions or modifications to the special education services in a student’s IEP are needed
When a student’s academic and functional needs warrant it, a reevaluation should be performed more frequently than three years
Yell / The Law and Special Education, Second Edition
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19. Re-Evaluation of Students who Graduate
When a student in special education graduate with a diploma, or ages out of special education, although the school does not need to conduct a formal evaluation, it must provide a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals
Yell / The Law and Special Education, Second Edition
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20. Independent Educational Evaluations (IEE)
Provide parents with information on where to obtain an IEE
Right to one IEE at public expense
If LEA evaluation is appropriate the parents are entitled to an IEE, but not at public expense
Results of the IEE must be considered
IEE results may be presented at a hearing
A hearing officer may request an IEE
Yell / The Law and Special Education, Second Edition
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21. Accountability & Students with Disabilities
No Child Left Behind
Minimum competency tests
Monitoring student progress
Reporting student progress
Yell / The Law and Special Education, Second Edition
Copyright © 2006 by Pearson Education, Inc. All rights reserved