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Ch9IdentificationAssessmentandEvaluation.pptx

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The Law and Special Education

Fifth Edition

Chapter 9

Identification, Assessment, and Evaluation

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Learning Objectives

9.1 Describe the child find requirement of the I D E A.

9.2 Describe the purposes of a special education assessment.

9.3 Describe the assessment process in special education.

9.4 Describe the procedural and substantive requirements of an initial special education evaluation.

9.5 Describe the protection in evaluation procedures of the I D E A.

9.6 Describe the importance of the assessment to a student’s free appropriate public education.

Introduction

If the I E P fails to assess the child’s present levels of academic achievement and functional performance the I E P does not comply with the [I D E A]. This deficiency goes to the heart of the I E P; the child’s level of academic achievement and functional performance is the foundation on which the I E P must be built.

-Kirby versus Cabell Board of Education, (2006)

Assessment Decisions

Prereferral decisions

Entitlement decisions

Programming decisions

Accountability/outcome decisions

Assessment/Evaluation Process

The Relationship Between the Present Levels of Academic Achievement and Functional Performance, and the Rest of the I E P

There should be a direct relationship between the present levels of performance and the other components of the I E P. Thus, if the statement describes a problem with the child’s reading level and points to a deficiency in reading skills, the problem should be addressed under both goals and special education and related services provided to the child. I D E A Regulations, 34 C.F.R. § 300 app. C, q. 36, 1997

Assessment Requirements

Procedural requirements

Strict adherence to the I D E A procedural requirements is extremely important because major procedural errors by an M D T in conducting an assessment may render an I E P inappropriate in the eyes of a hearing officer or judge

Substantive requirements

A thorough and individualized assessment that (a) addresses all areas of a student’s needs, (b) was conducted by knowledgeable persons, and (c) results in the development of an I E P that enable a student to make progress appropriate in light of the student’s needs will meet the substantive requirements of the law.

Substantive Assessment Requirements

The assessment must be a full and individualized examination.

A team of knowledgeable persons must make decisions regarding the process and results of the assessment.

The assessment information must lead to intervention.

The I E P team must collect meaningful data to monitor student progress.

Protection in Evaluation Procedures

Child find

Parental consent

Prereferral evaluation

Preplacement evaluation

Comprehensiveness of the evaluation

Qualifications of the evaluator

Evaluation materials and procedures

Special rules for eligibility determination

Nondiscriminatory evaluation

Interpreting Evaluation Data

When interpreting evaluation data, the M D T must

draw on information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior.

ensure that information is documented and carefully considered.

ensure that decisions are made by a team, including a person knowledgeable about the student, the meaning of the evaluation data, and the placement options.

ensure that the placement decision is made in accordance with least restrictive environment requirements.

Re Evaluation

A reevaluation is a comprehensive evaluation conducted on a student already in special education.

The I D E A therefore requires that students in special education be reevaluated every three years, unless the parent and school district personnel agree that a reevaluation is not needed.

Parents may request a reevaluation at any time.

The reevaluation is usually similar to the original preplacement evaluation, and it must meet the same procedural requirements under the I D E A as did the original evaluation

Independent Educational Evaluation (I E E)

If a student’s parents disagree with a school district’s evaluation, the parents have the right to request that the school district pay for an I E E

An I E E is an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of the student in question

A student’s parents have the right to request one I E E at any time the school district conducts an evaluation if the parents disagree with the results of the school district’s evaluation.

The school district is under no obligation to accept the results of the I E E, it must consider the I E E as part of its decision-making process.

Accountability Efforts

High school exit examinations

Including students with disabilities in accountability efforts

The National Center on Educational Outcomes: https://nceo.info/

Lessons from Litigation and Legislation

Principle 1: Ensure that administrators, special education teachers, general education teachers, and evaluation personnel understand the importance of the identification/assessment process.

Principle 2: Don’t use a schoolwide R T I/M T S S program or prereferral interventions to delay or deny special education evaluation

Principle 3: Involve a student’s parents in the assessment process.

Principle 4: Use a variety of assessment instruments to allow the team to determine eligibility.

Principle 5: Conduct relevant and meaningful assessments that will help the I E P team plan students’ special education programs.

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