FAQs on Assessment
Overview
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Assessment Overview
The Assessment Report
Parent’s Requests for Assessment
Independent Educational Evaluations
Assessment Protocols – Release and
Retention
• Manifestation Determinations
• I.Q. Testing of African American Students
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Assessment Overview
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Question 1:
What qualifies as an “assessment?”
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What qualifies as an “assessment?”
Answer 1:
• The terms “assessment” and “evaluation” may
be used interchangeably
• Procedures “to determine whether a child has a
disability and the nature and extent of the
special education and related services the child
needs”
(Ed. Code, § 56302.5.)
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Question 2:
When are assessments required?
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When are assessments required?
Answer 2:
• Before the initial placement in special education
• Triennial review
• As part of certain transitions– Transition from preschool to kindergarten
– Individual transition plan (“ITP”) to be in effect by the
time a student is 16-years-old
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When are assessments required?
Answer 2 (cont.):
• Assessments MAY be required when a student
is exiting special education
– Required if exiting because the student no longer
meets eligibility criteria
– NOT required if the student graduates with a regular
high school diploma; and
– NOT required if the student exits because he/she
exceeds the age eligibility
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When are assessments required?
Answer 2 (cont.):
• For an ITP use a functional vocational assessment
to assess student’s prevocational skills
Student v. Montebello Unified School District (OAH 2009)
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Question 3:
If a student is aging out of special education at
the same time that his/her triennial review is
due, is it necessary to reassess, and, if so,
what testing is appropriate?
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Triennial when student aging out?
Answer 3:
• Consider conducting an early triennial review; or
• Consider seeking waiver of triennial
• Remember, students aged 18-21 consent
themselves, unless conserved
• If testing, review records in order to prepare a
summary of academic achievement and
functional performance with recommendations
for meeting post-secondary goals.
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Question 4:
How much assessment is enough for initial
evaluations and triennial evaluations?
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How much assessment is enough?
Answer 4:
• Assess in all areas of suspected disability
• Must use a variety of assessment tools and
measures; and
• No single measure may be used as the sole
criterion for an initial determination of eligibility
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Question 5:
Who may conduct an
assessment?
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Who may conduct an assessment?
Answer 5:
• LEA may select the assessor
• Parents preferences may be considered
• All assessments must be performed by persons
competent to conduct the particular assessment
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Who may conduct an assessment?
Answer 5 (cont.):
Manhattan Beach Unified School District v. Student
(OAH 2007)
• Parents requested female assessor
• District responsive to request
• ALJ noted “parent may not interfere with district’s
obligations by placing conditions on qualifications
of assessors…”
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The
Assessment Report
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Question 6:
What are the required
components of an
assessment report?
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Required components of reports?
Answer 6:
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Whether student may need special education
Basis for that determination
Relevant behavior during observation
Relationship between behavior and student’s
academic and social functioning
• Educationally relevant health and development
and medical findings
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Required components of reports?
Answer 6 (cont.):
• For SLD students, whether there is a
discrepancy between achievement and ability
that cannot be corrected without special
education
• Effects of environmental, cultural, or economic
disadvantage; and
• Need for specialized services, materials, and
equipment for students with low incidence
disabilities
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Question 7:
What should be included in a “good”
psycho-educational report?
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A “good” psycho-educational report?
Answer 7:
• A “good” psycho-educational report is a defensible
psycho-educational report
• Report should be understandable
• Report should list tests conducted
• Report should state areas of educational need
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A “good” psycho-educational report?
Answer 7 (cont.):
• Report should provide summaries of:
– Relevant background information
– Observations
– Interviews
– Records reviewed
– Assessment results and conclusions
– Recommendations for services, strategies, etc.
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Question 8:
When must reports be provided to parents
or their representatives?
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When to provide reports?
Answer 8:
• Must be reviewed by the IEP team within 60 days
of consent to assess
• No statutory requirement as to when reports
must be provided to parents
• Consider the benefits of providing the reports in
advance of the IEP
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Parent’s Requests
for Assessment
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Question 9:
How long does an LEA have
to consider a parent’s request
for an assessment?
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Time to consider parent assessment request?
Answer 9:
• LEA response due within 15 days of the request
• Parent may agree to an extension in writing
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Time to consider parent assessment request?
Answer 9 (cont.):
Student v. Los Angeles Unified Sch. Dist. (OAH 2008)
The 15 day timeline will not be satisfied if the LEA
only calls the parent and asks for additional
information or schedules a meeting between the
parent and school psychologist but does not
provide the parent an assessment plan
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Question 10:
What factors should LEAs review when
considering parent’s request
for assessment?
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Factors when reviewing parent request for
assessment?
Answer 10:
• Is there sufficient information for LEA to suspect
a disability?
• Would assessment assist LEA in establishing
need or lack thereof?
• What impact would denial have on parent and
district?
• Is parent likely to obtain a private assessment?
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Question 11:
How should an LEA deny a parent’s
request for an assessment?
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How to deny parent assessment request?
Answer 11:
• The LEA must provide the parent prior written
notice (“PWN”) regarding the denial
• The PWN must explain the following:
– Why the LEA refuses to assess,
– The basis for the refusal to assess, and
– Meet other PWN requirements
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Independent Educational
Evaluations
(“IEE”)
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Question 12:
What is an IEE and when is a parent
entitled to an IEE?
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What is an IEE and when is a parent entitled?
Answer 12:
• An IEE is “an evaluation conducted by a
qualified examiner who is not employed by” the
LEA
• A parent has a right to an IEE at public expense
if the parent disagrees with an LEA evaluation
• If a parent requests an IEE, the LEA must:
– File for due process to show its evaluation is
appropriate, OR
– Provide the IEE at public expense
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What is an IEE and when is a parent entitled?
Answer 12 (cont.):
• The LEA may ask but not:
– Require an explanation, or
– Unreasonably delay the IEE at public expense, or
– Unreasonably delay filing a due process complaint to request a
due process hearing to defend the public evaluation
• If ALJ determines assessment appropriate, no IEE
required
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Practice Pointer
A parent is entitled to only one IEE at public
expense each time the LEA conducts an
assessment with which the parent disagrees
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What is an IEE and when is a parent entitled?
Answer 12 (cont.):
Student v. Los Angeles Unified Sch. Dist. (OAH 2006)
• Parent did not express disagreement with an LEA
assessment and did not request the LEA to provide
an IEE prior to the parent obtaining a private report
• ALJ found parent’s disagreement with student’s
placement not sufficient to express disagreement
with the LEA’s assessment
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Question 13:
When should an LEA deny a parent’s
request for an IEE and how should it do
so?
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When should LEA deny a parent’s request and
how?
Answer 13:
• When LEA is confident in its assessment
• When LEA wants to support staff who completed
assessment
• When LEA believes it has little to lose in going to
hearing against parent
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When should LEA deny a parent’s request and
how?
Answer 13 (cont.):
To deny parent’s IEE request, LEA must:
• Notify parent of decision with PWN
• Request due process hearing
• If LEA assessment ruled appropriate, no
obligation to fund IEE
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Question 14:
What should an LEA do if it agrees to a
parent’s request for an IEE?
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LEA actions to agree to IEE?
Answer 14:
• Without unnecessary delay, provide the parents
with information about an IEE, including agency
criteria
• Agree on an evaluator with the parent
• Obtain parent consent to an assessment plan
• Ensure the IEE is reviewed at an IEP meeting
within the 60-day statutory time period
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Question 15:
Who is qualified to conduct an IEE?
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Qualified to conduct an IEE?
Answer 15:
• Qualifications of the IEE examiner must be the
same as the criteria for an LEA examiner
• LEA may not impose conditions on obtaining an
IEE beyond those it imposes for its own
assessment
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Question 16:
What is the maximum cost of an IEE?
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Maximum cost of an IEE?
Answer 16:
• LEA “not required to bear the cost of
unreasonably expensive IEEs” (Comments to
Federal Regulations)
• LEA may establish reasonable cost criteria
• Parents have opportunity to provide information
to LEA explaining unique circumstances which
justify high cost IEE evaluator
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Question 17:
Is an LEA required to consider a parentinitiated private report that is not funded
by the LEA, and if yes, what does
“consider” mean?
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Required to consider private reports; what does
“consider” mean?
Answer 17:
• Yes, if private report meets agency criteria as
identified in LEA policy on IEEs
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Required to consider private reports; what does
“consider” mean?
Answer 17 (cont.):
James and Lee Anne D. v. Board of Education of Aptakisic-Tripp
Community Consolidated Sch. Dist. No. 102 (N.D. Ill. 2009)
• In order to have “considered” a private report, an
LEA should review the report at an IEP meeting
• There does not need to be “substantive”
discussion of such private reports
• LEA not implementing recommendations does not
show report not considered
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Practice Pointer
Document the following in the IEP notes:
• The IEP team’s consideration of a private
report
• The extent that any of the recommendations
in the private report were adopted by the
IEP team; and
• The IEP team’s reasons for adopting or not
adopting the recommendations
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Question 18:
When is an LEA required
to pay for a private report obtained by a
parent outside of the IEE process?
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When LEA required to pay for private parent
report?
Answer 18:
• Even if there is no statutory requirement to fund
an IEE, an LEA may be ordered by a judge to pay
for a private report if:
– LEA did not timely assess the student
– LEA did not timely provide an IEE after requested by a
parent
– LEA did not conduct an appropriate assessment
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When LEA required to pay for private parent
report ?
Answer 18 (cont.):
Student v. Corona-Norco Unified Sch. Dist. (OAH 2008)
• ALJ determined LEA conducted appropriate
assessments, but did not provide the student with
appropriate services based on its own
assessments
• Parents had obtained a private evaluation to
determine the appropriate services
• ALJ ordered the LEA to reimburse the parents for
the cost of the private report
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When LEA required to pay for private parent
report ?
Answer 18 (cont.):
Los Angeles Unified Sch. Dist. v. D.L. (C.D. Cal. 2008)
• After a few months in kindergarten, student
disciplined for “significant and disruptive behavior”
• LEA denied parent request for assessment
• No history of general education interventions
• Limited school experience
• LEA unaware of ADD diagnosis
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When LEA required to pay for private parent
report ?
Answer 18 (cont.):
Los Angeles Unified Sch. Dist. v. D.L. (C.D. Cal. 2008)
• Judge determined the LEA should have known of
the ADD diagnosis had the LEA conducted
observations of the student
• Student moved into another school district while
litigation was ongoing, which subsequently
determined he was eligible for special education
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When LEA required to pay for private parent
report ?
Answer 18 (cont.):
Los Angeles Unified Sch. Dist. v. D.L. (C.D. Cal. 2008)
• Judge ordered the LEA to fund a private
evaluation report for the student, even though
the student now attended another school district
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Sample IEE Policy
See the Appendix for a
Sample IEE Policy
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Assessment Protocols –
Release and Retention
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Question 19:
Is an LEA required to release
assessment protocols to parents?
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Required to release assessment protocols?
Answer 19:
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Yes. If the protocols are maintained by the LEA
and identify the student
Newport-Mesa Unified Sch. Dist. v. State of
California Dept. of Education (C.D. Cal. 2005):
Judge held that allowing parents to view their
child’s protocols is a noncommercial use which
aids parents in ensuring their children receive an
appropriate education
•
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Question 20:
Is an LEA required to maintain
assessment protocols?
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Required to maintain assessment protocols?
Answer 20:
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Probably yes
If protocols contain the student’s name, writing
by the student, and/or are stored in a file with
the student’s name and/or other student
records, they are likely identifiable to the
student and need to be maintained by an LEA
as a pupil record
(See Letter to Shuster (OSEP 2007); Letter to Scott City Sch. Dist. (FPCO 2007);
Letter to Thomas (FPCO 1986).)
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Required to maintain assessment protocols?
Answer 20 (cont.):
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LEAs are required to maintain mandatory
interim pupil records which include records
regarding “participation in special education
programs including required tests, case
studies, authorizations, and actions necessary
to establish eligibility for admission or
discharge”
(Cal. Code Regs., tit. 5, § 437(c).)
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Manifestation
Determinations
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Question 21:
Must an LEA conduct an
assessment as part of a
manifestation determination?
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Assessment as part of a manifestation
determination?
Answer 21:
• No
• An assessment as defined by state and and
federal laws, is not required as part of a
manifestation determination
• Under previous law an assessment was required
but, with the 2007 amendment of the IDEA, the
issue was clarified
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Assessment as part of a manifestation
determination?
Answer 21 (cont.):
• Within 10 school days of decision to change
placement due to violation of code of student
conduct, LEA, parent and relevant member’s of
IEP team must review:
–
–
–
–
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All relevant information in student’s file
IEP
All teacher observations
Any relevant information provided by parent
Assessment as part of a manifestation
determination?
Answer 21 (cont.):
• The manifestation determination team must
determine:
– If the conduct in question was caused by, or, had a
direct and substantial relationship to the child’s
disability; or
– If the conduct in question was the direct result of the
LEA’s failure to implement the IEP
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Assessment as part of a manifestation
determination?
Answer 21 (cont.):
(Student v. Murrieta Valley Unified Sch. Dist. and
San Marcos Unified Sch. Dist., (OAH 2009).)
• OAH ordered expelled student reinstated and
records expunged because at the manifestation
determination meeting, the LEA did not:
– Fully consider the information in the student’s file
– Give copies of current IEP to all members of team
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Assessment as part of a manifestation
determination?
Answer 21 (cont.):
(Student v. Murrieta Valley Unified Sch. Dist. and
San Marcos Unified Sch. Dist., (OAH 2009).)
• Provide competent oral report that those
documents were offered at the meeting
• Consider teacher observations or parent
information
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Question 22:
Who conducts the manifestation
determination assessment/review and
what does the assessment/review
consist of?
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Who conducts the manifestation determination and
what does it consist of?
Answer 22:
• The LEA, the parent, and relevant members of the
child’s IEP team conduct the manifestation
determination review
• The team must review all relevant information in
the student’s file, including the IEP, teacher
observations, and relevant information provided by
the parents
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Who conducts the manifestation determination and
what does it consist of?
Answer 22 (cont.):
Student v. Oakley Union Elementary Sch. Dist., Pittsburgh Unified
Sch. Dist., and Mt. Diablo Unified Sch. Dist., (OAH 2006)
• OAH ruled manifestation determination meeting properly
conducted the school psychologist obtained and reviewed
the student’s educational records, interviewed the student
and student’s mother
• The school’s psychologist also administered the BASC-s to
the mother prior to the manifestation determination meeting
• The ALJ also determined that the parent and her
representatives were provided the opportunity to present
relevant information during the meeting
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IQ Testing of African American
Students
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Question 23:
What is the impact of the Larry P.
settlement of 1986 on California LEAs?
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Impact of the Larry P. Settlement?
Answer 23:
• In Larry P. v. Riles, the federal court
permanently enjoined
– The use of IQ testing on African American
students
– To evaluate for placement in Educable
Mentally Retarded (“EMR”) classes, or their
substantial equivalents
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Impact of the Larry P. Settlement?
Answer 23 (cont.):
• In 1986 the Larry P. injunction was enlarged to
prevent all IQ testing of African American students
in special education assessment
• In 1992 original Larry P. order reinstated
• Because the original ruling lacked clarity, most
LEAs do not use IQ testing when assessing
African American students for special education
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Question 24:
Are there acceptable assessment
instruments that do not measure IQ
that may be used when evaluating
African American Students?
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Acceptable assessment instruments when
evaluating African American Students?
Answer 24:
• Practice guidelines from California Speech, Language and
Hearing Association (CASHA) Task Force ask following
questions to identify prohibited tests:
– Is test standardized; does it purport to measure
intelligence?
– Are test results reported as IQ or mental age?
– Does the evidence of the construct validity of the test
rely on correlations with IQ tests?
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Practice Pointer
See outline for sample list of
instruments that do not violate
Larry P.
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Question 25:
Can an LEA conduct IQ testing on
bi-racial students?
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IQ testing on bi-racial students?
Answer 25:
Yes. Parents may elect the racial
identification of their child. If the parents
elect to designate their child as other than
African American, the LEA may conduct IQ
testing on the student
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Question 26:
What should an LEA do if
presented with an assessment of
an African American student that
contains results of IQ testing?
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Receive assessment of an African American
student with IQ testing?
Answer 26:
LEAs may consider private assessments that may
contain the results of IQ testing for matters other
than intellectual ability such as current abilities
and educational needs. IQ testing should be
redacted
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Receive assessment of an African American
student with IQ testing?
Answer 26 (cont.):
Student v. New Haven Unified Sch. Dist. (OAH 2007)
Facts:
• Parents of African American student gave LEA private
assessment with IQ test scores
• School district rejected assessment; stated it violated
Larry P.
Ruling:
• School district should have allowed report at IEP meeting
• School district could have redacted IQ scores and
interpretations resulting from IQ measures
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Thank you!
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