1 Identification, Assessment, and Evaluation Yell / The Law and Special Education, Second Edition...

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Identification, Assessment, and

Evaluation

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

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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


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Purposes of Assessment/Evaluation

• Entitlement Decisions

• Programming Decisions

• Accountability/Outcome Decisions


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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


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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


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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


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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

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Determining Needed Evaluation Data

• Review existing evaluation dataParentally provided information

Classroom-based assessments & observations

Observations by teachersFormal and informal assessments


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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


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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


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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


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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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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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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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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


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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


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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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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


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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


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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


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Accountability & Students with Disabilities

• No Child Left Behind

• Minimum competency tests

• Monitoring student progress

• Reporting student progress


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