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