Identification, Assessment, and Evaluation Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

Purposes of Assessment/Evaluation Entitlement Decisions Programming Decisions Accountability/Outcome Decisions Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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 Copyright © 2006 by Pearson Education, Inc. All rights reserved

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