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1
Identification, Assessment, and
Evaluation
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
3
Purposes of Assessment/Evaluation
• Entitlement Decisions
• Programming Decisions
• Accountability/Outcome Decisions
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
5
Referral ProcessMultidisciplinary team (MDT) receives a student referral
MDT seeks parental permission to assess
MDT decides if sped assessment is needed
MDT receives informed consent
MDT conducts assessment
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
7
Assessment Process
MDT team conducts evaluation
Does the child need special education
Does the child have an IDEA disability
Appoints IEP teamYell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
8
Determining Needed Evaluation Data
• Review existing evaluation dataParentally provided information
Classroom-based assessments & observations
Observations by teachersFormal and informal assessments
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
9
Evaluation Data Needed
• Identify the data that is needed to determine:
Category of disabilityPresent levels of performanceSpecial education & related servicesModifications to allow child to meet IEP
goals & participate in general educationThe student’s progress
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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 factorsPhysical & developmental factors
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved