1. Identification & Evaluation Kristina Krampe, 2005 EDS 513: Legal Issues in Special Education

2. Introduction to the Presentation Prior to beginning this presentation, you should have read Chapter 10 of Yell’s (2006) The Law and Special Education, 2nd Edition Upon completion of this session, you should be able to discuss the evaluation and eligibility requirements under the IDEA

3. Assessment Defined as process of gathering information to make decisions about students Preferral - conducted in general education classroom to resolve the problem before referral Entitlement - screening, referral, & eligibility for special education services Programming - informal tests, curriculum-based assessment, & observations for developing IEP Outcome - evaluate curricula, programs, & schoolwide/statewide/national performance

4. Evaluation Process Referral --> ARC (Admissions & Release Committee) decides whether to proceed --> assessment conducted --> ARC determines eligibility --> IEP team develops IEP for provision of FAPE Parental consent obtained before evaluation or evaluation Parents must be included in evaluation

5. Evaluation Process Decision based on more than one tool Use of a variety of assessment tools - standardized and informal Use of technically sound and valid instruments Conducted by trained professional following guidelines in the student’s native language

6. Evaluation Process Assessment in all suspected areas of disability ARC/IEP team must include someone qualified to interpret assessment results Reevaluation every 3 years, unless IEP team determines new assessment is not necessary

7. Protection in Evaluation Process States must conduct child find activities to locate and identify eligible students birth to 21 Written notice to parent before evaluation Written parental consent required before initial evaluation (preferred, but not required for reevaluation)

8. Protection in Evaluation Process Preferral interventions and screening should be conducted to assist with determine whether to evaluate If referral rejected, written explanation must be sent to parents Evaluation must be conducted within 60 days, unless lessened by state or student is not present for evaluation

9. Protection in Evaluation Process Tests must be provided in native language or mode of communication Language used by parent, unless student is bilingual Braille, sign language, oral communication, or augmentative communication Written evaluation report must be developed

10. Protection in Evaluation Process Eligibility cannot be due to lack of appropriate instruction in reading or math or limited English proficiency Schools encouraged to use response to intervention method for determining learning disabilities Assessment cannot be culturally and racially discriminatory; must avoid overrepresentation

11. Protection in Evaluation Process Larry P. v. Riles banned use of IQ tests to determine eligibility of African American students PASE v. Hannon decided IQ test could be used for African American students; IQ tests not sole factor in decision making Crawford v. Honig vacated Larry P.; IQ tests can be used if valid, are nondiscriminatory, and are not sole criterion for placement

12. Interpreting Data Eligibility determined first & then need for special education and/or related services Decision is made by team based on all evaluation data; majority of team must agree If not eligible under the IDEA, team must consider eligibility under Section 504

13. Reevaluation Must be conducted every 3 years, unless no additional data needed to determine continued eligibility Similar to initial evaluation, but not identical Can be conducted more frequently if necessary/requested - substantial change in performance or placement

14. Reevaluation Written parental consent required, unless reasonable efforts failed Not required at graduation or when student ages out - written summary of performance and recommendations instead

15. Independent Educational Evaluations Parents may request evaluation conducted by qualified personnel not employed by school School responsible for payment if hearing officer agrees with parent School must consider evaluation during decision-making