ERIC ED438675: Questions and Answers about IDEA. 2nd Edition. NICHCY News Digest.

30 Pages·0.73 MB·English

by  ERIC

DOCUMENT RESUME
EC 307 697
ED 438 675
Kupper, Lisa, Ed.; Gutierrez, Mary Kate, Ed.
AUTHOR
Questions and Answers about IDEA. NICHCY News Digest ND21.
TITLE
2nd Edition.
National Information Center for Children and Youth with
INSTITUTION
Disabilities, Washington, DC.; Academy for Educational
Development, Washington, DC.
Special Education Programs (ED/OSERS), Washington, DC.
SPONS AGENCY
2000-01-00
PUB DATE
29p.; For an earlier version, see ED 370 273.
NOTE
H326N980002
CONTRACT
National Information Center for Children and Youth with
AVAILABLE FROM
Disabilities, P.O. Box 1492, Washington, DC 20013. Tel:
800-695-0285 (Toll Free, Voice/TTY); e-mail: [email protected];
Web site: http://www.nichcy.org. For full text:
http://www.nichy.org/pubs.newsdig/nd21.htm.
Non-Classroom (055)
Guides
PUB TYPE
MF01/PCO2 Plus Postage.
EDRS PRICE
*Definitions; Delivery Systems; *Disabilities; Due Process;
DESCRIPTORS
*Educational Legislation; Elementary Secondary Education;
Eligibility; *Federal Legislation; *Federal Regulation;
Individualized Education Programs
Amendments; *Individuals with Disabilities Educ Act Amend
IDENTIFIERS
1997
ABSTRACT
This document provides answers to questions frequently asked
by parents and practitioners about the mandates and requirements of the
Individuals with Disabilities Education Act Amendments of 1997 (IDEA). The 29
(1) background information on the
questions are organized into six sections:
IDEA (history of IDEA, and obtaining copies of IDEA and specific state laws);
(2) purposes of the IDEA (meanings of such concepts as "free appropriate
public education," eligibility for services, special education, and related
(3) accessing services under IDEA (the student evaluation
services);
(4) the Individualized Education Program (IEP development, parent
process);
(5) procedural safeguards (the parent's
involvement, student placement);
rights in challenging the school district's decisions) and (6) resources
(legal resources, resources available from the National Information Center
for Children and Youth with Disabilities, and references). An attachment
presents the full text of IDEA's definition of a "child with a disability."
(DB)
Reproductions supplied by EDRS are the best that can be made
from the original document.
/a? /
Nb21, 2nd Edition, January 2000
A publication of the National Information Center for Children and Youth with Disabilities
Questions and
Answers
about IDEA
Each year, the National Infor-
special education law and services is
mation Center for Children and
also useful to professionals who work
Youth with Disabilities (NICHCY)
with children and youth with disabili-
receives thousands of requests from
ties and their families.
families and professionals for
information about special educa-
tion and related services for
Table of Contents
children and youth with disabili-
ties. This News Digest has been
Part I: Background Information
developed to answer many of the
on the IDEA
2
questions and concerns that
families and professionals have
Part II: Purposes of the IDEA ....3
when they contact NICHCY. This
document looks specifically at the
Part III: Accessing Services
5
mandates and requirements of the
Individuals with Disabilities
Part IV: The Individualized
Education Act Amendments of
Education Program (IEP)
10
1997 (IDEA). The IDEA is the
federal law that supports special
Part V: Procedural Safeguards.... 17
education and related services
programming for children and
Part VI: Resources
25
youth with disabilities.
Attachment A: IDEA's Definition
While this issue often uses the
of a "Child with a Disability"
26
word "you" to speak directly to
parents and families, we hope that
its detailed information about
U.S. DEPARTMENT OF EDUCATION
Office of Educational Research and Improvement
EDUCATIONAL RESOURCES INFORMATION
CENTER (ERIC)
This document has been reproduced as
received from the person or organization
originating it.
Minor changes have been made to
improve reproduction quality.
BEST COPY AVAILABLE
Points of view or opinions stated in this
2
document do not necessarily represent
official OERI position or policy.
of 1997 were published in the
Brief History of the IDEA
with Disabilities; and Part D ad-
Federal Register on Friday, March 12,
dresses National Activities to Im-
The federal law that supports
1999. These final regulations are
prove the Education of Children
special education and related service
currently guiding school systems in
with Disabilities.
programming for children and youth
how they design and implement
with disabilities is called the Individu-
The IDEA is an important federal
their special education and related
als with Disabilities Education Act
law, because it requires that FAPE,
services programs.
(IDEA), [formerly the Education for
which indudes special education and
the Handicapped Act (EHA)]. The
related services, be made available to
Obtaining a Copy of IDEA and Its
IDEA has its roots in Public Law 94-
children and youth with disabilities in
Regulations
142 (the Education of All Handi-
mandated age ranges. This News
capped Children Act), which was
Because States base their programs
Digest provides a general overview of
originally enacted in 1975 to estab-
upon the law and its final Federal
the IDEA and its regulations as they
lish grants to States for the education
regulations, it is helpful for you to
relate to school-aged children. The
of children with disabilities. This law
read and become familiar with the
News Digest is intended to help you
has been amended several times.
understand the law and how it
law itself. To obtain a copy of the law
Under Part B of the law, all eligible
(called the statute) and/or the final
mandates services for your school-
school-aged children and youth with
Federal regulations, contact: Superin-
aged child with a disability. Informa-
disabilities are entitled to receive a free
tendent of Documents, U.S. Govern-
tion about services available to infants
appropriate public education (FAPE).
and toddlers through the Part C
ment Printing Office, Attn: New
program (formerly known as the Part
Orders, P.O. Box 371954, Pittsburgh,
In 1986, the EHA was amended by
PA 15250-7954. Charge orders may
H program) and to preschool chil-
P.L. 99-457 to provide special fund-
be telephoned to: [phone].
dren with disabilities is presented in a
ing incentives for States that would
separate NICHCY document entitled
For a copy of the statute, state that you
make FAPE available for all eligible
are requesting a copy of Public Law
A Parent's Guide: Accessing Programs
preschool-aged children with disabili-
105-17, the Individuals with Disabili-
for Infants, Toddlers, and Preschoolers
ties ages three through five. Provisions
ties Education Act Amendments of
With Disabilities.
were also included to help States
1997. To obtain a copy of the final
develop early intervention programs
The information provided in this
Federal regulations, request the latest
for infants and toddlers with disabili-
News Digest is drawn specifically from
copy of the IDEA's regulations: Code
ties; this part of the legislation became
the IDEA Amendments of 1997, as
of Federal Regulations: Title 34;
known as the Part H Program.
passed by Congress in 1997 and
Education; Part 300-399. There will
codified into law under 20 United
be a minimal charge for both of these
The EHA was amended again in
States Code (USC), Chapter 33. Final
documents.
1990 by P.L. 101-476, which, among
regulations for the IDEA Amendments
other things, changed the name
Both of these documents are
of the legislation to the Individu-
also available on the Internet at
§ Special Symbols in This Issue
§
als with Disabilities Education
the Web site of the Office of
Act, or IDEA. The IDEA was first
As you read the explanations about the law
Special Education Programs
amended in 1992 by P.L. 102-
below, you will find references to specific
(OSEP) at the U.S. Department
119. The newest amendments to
sections of the Federal regulations, such as
of Education. OSEP's Web
this law are the Individuals with
§300.1. You can use these references to locate
address is:
Disabilities Education Act
the precise sections in the Federal regulations
Amendments of 1997 (P.L. 105-
www.ed.gov/offices/OSERS/
that address the issue being discussed. For
17). These amendments
IDEA/index.html
example, in the discussion of the IDEA's pur-
restructure IDEA into four
poses, you are given the reference §300.1. This
Another useful Web site for
parts: Part A addresses General
reference tells you that, if you wanted to read
obtaining these materials is the
Provisions; Part B covers the
the exact words the regulations use to define the
OSEP-funded IDEA Partnership
Assistance for Education of All
IDEA's purposes, you would look under
Projects at:
Children with Disabilities; Part
Section 300.1 of the Code of Federal Regulations
C covers Infants and Toddlers
(CFR) for Title 34 (sometimes referred to as 34
www.ideapractices.org/
lawandregs.htm
CFR).
News Digest 21 (2nd Edition)
NICHCY: 1-800-695-0285
2
Obtaining a Copy of Your State's
Using the Term "Public Agency"
Special Education Law
In this News Digest, you will read a great deal about the responsibilities
It is also important to become
and rights of the agency that is responsible for providing education to
familiar with your State special
your child with a disability. The term that is used in IDEA's regulations is
education law. The IDEA is a Federal
generally public agency.
law and, as such, provides minimum
requirements that States must meet in
The "public agency" may vary from location to location and from child
order to receive Federal funds to assist
to child. In some instances, it is the State Education Agency (SEA); in
in providing special education and
others, it is the local education agency (LEA), a public charter school, or
related services. Your State law and
some other entity.
regulations may go beyond the
Although public agency is not a term most people are overly familiar
Federal requirements, and it is impor-
with, we have chosen to use this term to refer to the agency in your area
tant to know their specifics. You may
that is responsible for providing education to children with disabilities.
want to contact your State Depart-
In most cases, this agency will be your local school district.
ment of Education, Office of Special
Education, and ask for a parent
handbook on special education.
3. Who is eligible for services
2. What is a free appropriate
I. What are the purposes of the
under the IDEA?
public education?
IDEA?
The regulations for IDEA define a
Under the law, a free appropriate
The major purposes of the IDEA
"child with a disability" as including a
public education (FAPE) means
are:
child (a) who has been evaluated
special education and related services
to ensure that all children with
according to IDEA's evaluation
that:
disabilities have available to them
requirements (specified at §§300.530
are provided to children and youth
a "free appropriate public educa-
300.536 and discussed in Part III of
with disabilities at public expense,
tion" that emphasizes special
this document); (b) who has been
under public supervision and
education and related services
determined, through this evaluation,
direction, and without charge;
designed to meet their unique
to have one or more of the disabilities
needs and prepare them for
listed below; and (c) who, because of
meet the standards of the State
employment and independent
the disability, needs special education
Education Agency (SEA), includ-
living
and related services. The disabilities
ing the requirements of the IDEA;
listed by IDEA are:
to ensure that the rights of children
indude preschool, elementary
and youth with disabilities and
mental retardation;
school, or secondary school
their parents are protected;
education in the State involved;
a hearing impairment, induding
and
to assist States, localities, educa-
deafness;
tional service agencies, and Federal
are provided in keeping with an
a speech or language impairment;
agencies to provide for the educa-
individualized education program
tion of all children with disabili-
a visual impairment, including
(IEP) that meets the requirements
ties; and
blindness;
of law, as specified in § §300.340-
300.350. (§300.13)
to assess and ensure the effective-
serious emotional disturbance
ness of efforts to educate children
(hereafter referred to as emotional
The requirements for an IEP are
with disabilities. (§300.1)
disturbance);
discussed in greater detail in Part IV
of this document.
an orthopedic impairment;
4
NICHCY 1-800-695-0285
News Digest 21 (2nd Edition)
3
autism;
5. Where is special education
instruction provided?
Special education is
traumatic brain injury;
As listed above, special education
defined as instruction that is
other health impairment;
instruction can be provided in a
specially designed, at no cost
number of settings, such as: in the
a specific learning disability;
classroom, in the home, in hospi-
to you as parents, to meet your
deaf-blindness; or
tals and institutions, and in other
child's unique needs.
settings (§300.26). Public agencies
multiple disabilities. [§300.7
must ensure that a continuum of
(a) (1)]
alternative placements is available
4. What is special education?
to meet the needs of children with
Attachment A of this News Digest
disabilities [§300.551(a)]. This
provides the complete description of
Special education is defined as
continuum must indude the place-
each of these disabilities, as contained
instruction that is specially designed,
ments just mentioned (instruction in
in the regulations for IDEA.
at no cost to you as parents, to meet
regular dasses, special classes, special
your child's unique needs. Specially
For children aged 3 through 9, a
schools, home instruction, and
designed instruction means adapting
"child with a disability" may include,
instruction in hospitals and institu-
the content, methodology, or delivery
at the discretion of the State and the
tions) and make provision for supple-
of instruction:
local educational agency (LEA) and
mentary services (such as resource
subject to certain conditions (enumer-
to address the unique needs of
room or itinerant instruction) to be
ated at §300.313), a child who is
your child that result from his or
provided in conjunction with regular
experiencing developmental delays, as
her disability, and
class placement. Unless a child's IEP
defined by the State and as measured
requires some other arrangement, the
to ensure your child's access to the
by appropriate diagnostic instruments
child must be educated in the school
general curriculum so that he or
and procedures, in one or more of the
he or she would attend if he or she
she can meet the educational
following areas:
did not have a disability
standards that apply to all children
[§300.552(c)].
physical development;
within the jurisdiction of the
public agency.
Special education instruction must
cognitive development;
be provided to students with disabili-
Special education can indude
ties in what is known as the least
communication development;
instruction conducted in the class-
restrictive environment, or LRE. Both
room, in the home, in hospitals and
social or emotional development;
the IDEA and its regulations have
institutions, and in other settings. It
or
provisions that ensure that children
can indude instruction in physical
with disabilities are educated with
adaptive development; and
education as well. Speech-language
nondisabled children, to the maxi-
pathology services or any other
who needs, for that reason, special
mum extent appropriate. The IDEA's
related service can be considered
education and related services.
LRE requirements apply to students in
special education rather than a related
[§300.7(b)]
public or private institutions or other
service under State standards if the
care facilities [§300.550(b)(1)]. Each
From birth through age 2, children
instruction is specially designed, at no
State must further ensure that special
cost to the parents, to meet the unique
may be eligible for services through
dasses, separate schooling, or other
The Infants and Toddlers with Dis- needs of a child with a disability.
removal of children with disabilities
Travel training and vocational
abilities Program (Part C) of the
from the regular educational environ-
education also can be considered
IDEA. This News Digest does not
ment occurs only if the nature or
discuss the Part C program. For
special education if these standards
severity of the disability is such that
are met. (§300.26)
information about how to access
education in regular dasses with the
services for infants and toddlers,
use of supplementary aids and
contact NICHCY and request a copy
services cannot be achieved satisfacto-
of A Parent's Guide: Accessing Programs
rily [§300.550(b)(2)].
for Infants, Toddlers, and Preschoolers
with Disabilities.
5
NICHCY: 1-800-695-0285
News Digest 21 (2nd Edition)
6. What are related services?
The list of related services identi-
fied in the IDEA's regulations is not
Related services are defined in the
intended to be exhaustive and could
regulations as transportation and such
indude other developmental, correc-
developmental, corrective, and other
tive, or support services if they are
supportive services as are required to
required to assist a child with a
assist a child with a disability to
disability to benefit from special
benefit from special education.
education.
Related services may indude:
counseling services, including
You should inform yourself fully
rehabilitation counseling
speech-language pathology and
about the related services that are
audiology;
orientation and mobility services;
listed (and described in some detail)
in the regulations. NICHCY's News
psychological services;
medical services for diagnostic or
Digest called Related Services for
evaluation purposes only;
physical therapy and occupational
School-Aged Children can also provide
therapy;
information and guidance about
school health services;
related services.
recreation, including therapeutic
social work services in schools;
recreation;
and
early identification and assessment
parent counseling and training.
of disabilities in children;
( §300.24)
7. What is the first step in
that your child has a disability, your
(2) The public agency may ask to
obtaining special education and
child must be evaluated at no cost to
evaluate your child. Based on a
related services?
you.
teacher's recommendation, or obser-
vations or results from tests given to
Before a child with a disability can
If the public agency refuses to
all children in a particular grade, a
receive special education and related
evaluate your child because it does
public agency may recommend that a
services for the first time, a full and
not believe that your child has a
child receive further screening or
individual initial evaluation of the
disability, you must be given a written
assessment to determine if he or she
child, also known as a preplacement
notice of the refusal and a full expla-
has a disability and needs special
evaluation, must be conducted
nation of the reasons for the refusal
education and related services. If the
(§300.531). Informed parent consent
[§§300.503(a)(1)(ii) and
public agency thinks that your child
must be obtained before this evalua-
300.503(b)(1) and (2)]. This notice
may have a disability and needs
tion may be conducted
must also indude a statement telling
special education and related services,
[§300.505(a)(1)(i)].
you that you have protection under
it must evaluate your child at no cost
IDEA's regulations. In addition, at the
to you. You, as a parent, must give
8. How do I receive an evaluation
time of initial referral for evaluation,
informed written permission before
of my child?
you must be given a procedural
the public agency can evaluate your
safeguards notice that includes,
child [§300.505(a)(1)(i)].
There are at least two ways in
among other elements, the State
which your child may be selected to
complaint procedures and a full
It is important for you to know
receive an evaluation:
explanation of all the procedural
that the law requires that the public
safeguards available under IDEA,
agency notify you, the parents, in
(1) You may request that your child
induding your right to challenge the
be evaluated. You can call or write to
writing before it evaluates your child.
your child's teacher, the principal of
public agency's refusal through a due
All written communication from the
process hearing (§300.507) and your
your child's school, or the Director of
public agency must be in a form the
public can understand (and provided
right to request mediation
Special Education in your school
(§300.506).
in your native language if you do not
district. If the public agency suspects
read English, or in the mode of
6
News Digest 21 (2nd Edition)
NICHCY 1-800-695-0285
5
representatives from any other
communication you normally use,
agency that may be responsible for
such as Braille or large print), unless
paying for or providing transition
it is dearly not feasible to do so. If
services (if your child is 16 years
your native language or other mode
old or, if appropriate, younger and
of communication is not a written
will be planning for life after high
language, the public agency must take
the law's due process procedures or its
school);
steps to ensure:
mediation procedures (discussed in
your son or daughter, if appropri-
that the notice is translated orally
Part V of this News Digest), unless
ate (if transition services needs
(or by other means) to you in
doing so would be inconsistent with
and/or transition services will be
your native language or other
State law relating to parental consent
considered, the student must be
mode of communication, and
[§300.505(b)].
invited to be part of the evaluation
that you understand the content of
group); and
9. What does the evaluation
the notice [§300.503(c)(2)].
process involve?
other qualified professionals, as
The notice must also:
appropriate. (§300.533)
The regulations are very specific
state the action that is proposed or
about how public agencies are to
In this latter category"other
conduct evaluations of children and
refused;
qualified professionals"a wide
youth thought to have a disability.
range of individuals may be involved,
the reasons for the proposal or
Your child's evaluation must be
depending upon the suspected disabil-
refusal;
conducted by a group that indudes:
ity of your child. For example, any of
a description of any other options
the following may be part of the
you, as parents;
considered by the agency and why
evaluation team: school psychologist,
at least one regular education
they were rejected;
speech-language pathologist, remedial
teacher of your son or daughter if
reading teacher, occupational or
a description of each evaluation
he or she is, or may be, participat-
physical therapist, adaptive physical
procedure, test, record, or report
ing in the regular education
education therapist, educational
used as a basis for the proposed or
environment;
diagnosticians, or others.
refused action;
at least one of your child's special
The law requires that your child be
a description of any other factors
education teachers or special
assessed in all areas related to his or
relevant to the proposal or refusal;
education providers;
her suspected disability. This includes,
where appropriate, evaluating your
a statement that, as the parents
a representative of the public
child's:
of a child with a disability, you
agency who is qualified to provide
have protections under the
or supervise the provision of
health,
procedural safeguards of the law
special education and who knows
and the means by which you can
vision,
about the general curriculum (i.e.,
obtain a full explanation of those
the curriculum used by
hearing,
protections and State complaint
nondisabled students), and about
procedures; and
social and emotional status,
available resources;
sources you can contact to obtain
general intelligence,
an individual who can interpret
assistance in understanding the
the instructional implications of
academic performance,
provisions of IDEA.
the evaluation results;
[§300.503(b)(7)]
communicative status, and
other individuals (invited at your
As was stated above, you, as
discretion or the discretion of the
motor abilities. [§300.532(g)]
parents, must give your informed
public agency) who have special
written consent before the public
To accomplish this, a variety of
knowledge or expertise regarding
agency may conduct an initial evalua-
assessment tools and strategies must
your child;
tion of your child. If you refuse
be used to gather relevant functional
consent for an initial evaluation, the
and developmental information
public agency may continue to pursue
about your child. This includes
conducting the evaluation by using
information provided by you, as well
as information related to enabling
7
News Digest 21 (2nd Edition)
NICHCY 1-800-695-0285
6
1. No single procedure may be
your child to be involved in and
1111ENIUNIMIN
used as the sole criterion for
progress in the general curriculum
The law requires that your
determining whether your child is
(that is, the curriculum used with
child be assessed in all areas
a "child with a disability" and for
nondisabled children). The ulti-
determining an appropriate
mate purpose of the initial evalua-
related to his or her suspected
educational program for your
tion is to gather information that
disability.
child.
may assist in determining:
4V-itt ^zeOfwig3A,AtalaMIVIAMMIPAIKEZilkail
se, tifte-ze.
'eV
2. Tests and other evaluation
whether or not your child is a
if so, whether any additions or
materials must be selected and admin-
"child with a disability" (see
modifications would need to be
istered so as not to be discriminatory
discussion above under
made in the special education and
on a racial or cultural basis.
Question #3), and
related services to enable your
3. Tests and other evaluation
the content of your child's IEP, if
child to meet the goals set out in
materials must be provided and
he or she is found eligible for
the IEP to be developed and to
administered in your child's native
special education and related
participate, as appropriate, in the
language or other mode of communi-
services. [§300.532(b)]
general curriculum. [ §300.533(a)]
cation, unless it is clearly not feasible
To this end, then, the evaluation
For an initial evaluation, it is likely
to do so.
must be sufficiently comprehensive to
that additional data will be needed to
4. If your child has limited English
identify all of your son or daughter's
answer these questions, particularly
proficiency, materials and procedures
special education and related services
given the law's requirement to evalu-
used to assess your child must be
needs, whether or not those needs are
ate your child in all areas related to
selected and administered to ensure
commonly linked to the disability
the suspected disability. The public
that they measure the extent to which
category in which he or she is thought
agency must administer tests and
your child has a disability and needs
to have a disability [§300.532(h)].
other evaluation materials as may be
special education, rather than measur-
needed to collect the needed data.
The evaluation process, as de-
ing your child's English language
Before the agency may collect this
scribed within IDEA, requires that the
skills.
information about your child, it will
group of individuals listed above
need to ask you for your informed
These last three provisions of the
begin the evaluation by reviewing
written permission [§300.505(a)(1)].
law are meant to protect children of
existing evaluation data on your
As was stated above, if you refuse
different racial, cultural, or language
child. This includes evaluations and
consent, the public agency may
backgrounds from misdiagnosis. For
information provided by you; current
continue to pursue conducting the
example, children's cultural back-
classroom-based assessments and
evaluation by using the law's due
grounds may affect their behavior or
observations; and observations by
process procedures or its mediation
test responses in ways that teachers or
teachers and related services provid-
procedures (discussed in Part V of this
other personnel do not understand.
ers. (Your permission is not needed
News Digest), unless doing so would
Similarly, if a child speaks a language
for this review.)
be inconsistent with State law relating
other than English or has limited
Based on that review and on input
to parental consent [§300.505(b)]. If
English proficiency, he or she may not
from you as the child's parents, the
you give your informed written
understand directions or words on
consent to the evaluation, then the
group then identifies what additional
tests and may be unable to answer
data (if any) are needed to deterinine:
public agency will go ahead and
correctly. As a result, a child may
collect the needed information about
mistakenly appear to be a slow
whether your son or daughter has
z
your child.
learner or to have a hearing or
a particular category of disability
communication problem.
(e.g., "other health impairment,"
In addition to the requirements
"specific learning disability");
stated above, the IDEA includes a
5. Any standardized tests that are
number of general evaluation provi-
given to your son or daughter must
your child's present levels of
sions that are intended to ensure that
be validated for the specific purpose
performance (that is, how he or
evaluations of children provide
for which they are used. They must
she is currently doing in school)
information that is comprehensive
also be administered by trained and
and his or her educational needs;
and accurate about their strengths and
knowledgeable personnel according
needs. With respect to your child (and
whether your child needs special
to the instructions provided by the
all children), this includes the follow-
education and related services; and
producers of the tests.
ing:
78
NICHCY: 1-800-05-0285
News Digest 21 (2nd Edition)
6. If an assessment is not con-
copy of the evaluation report to the
ducted under standard conditions
parent, as well as the documenta-
tion of the determination of the
meaning that some condition of the
child's eligibility [§300.534(a)(2)].
test has been changed (such as the
qualifications of the person giving the
Some school systems will hold a
test or the method of giving the
make these decisions, the public
meeting where they consider only the
test)a description of the extent to
agency will ask your permission to
eligibility of the child for special
which it varied from standard condi-
collect the information. After you give
education and related services. At this
tions must be included in the evalua-
your informed written consent, the
meeting, your child's assessment
tion report.
public agency will collect whatever
results should be explained. The
additional information is needed,
7. The evaluation must include
specialists who assessed your child
following the guidelines listed above
tests and other evaluation materials
will explain what they did, why they
for sound evaluation and using a
tailored to assess your child's specific
used the tests they did, your child's
variety of evaluation methods and
areas of educational need and not
results on those tests or other evalua-
strategies, including tests, observa-
merely include those that are designed
tion procedures, and what your
tions, and classroom-based assess-
to provide a single general intelligence
child's scores mean when compared
ments. An evaluation report will then
quotient (your child's IQ score).
to other children of the same age and
be prepared. Such a report generally
grade.
8. If your child has impaired
would summarize the results of your
sensory, manual, or speaking skills,
It is important to know that the
child's evaluation.
group may not determine that a child
the law requires that tests are selected
and administered so as best to ensure
is eligible if the determinant factor for
10. How are the evaluation results
that test results accurately reflect his or
making that judgment is the child's
used?
her aptitude or achievement level (or
lack of instruction in reading or math
Upon completing the administra-
whatever other factors the test claims
or the child's limited English profi-
tion of tests and other evaluation
to measure), and not merely reflect
ciency. The child must otherwise meet
materials (if they are determined to be
your child's impaired sensory,
the law's definition of a "child with a
needed), a group of qualified profes-
disability"meaning that he or she
manual, or speaking skills (unless the
sionals and you, the parents, must
test being used is intended to measure
has one of the disabilities listed in the
determine whether or not your child
those skills).
law (see Attachment A) and, because
is a "child with a disability," as
of that disability, needs special
9. The public agency must use
defined by IDEA (see Attachment A in
education and related services.
assessment tools and strategies that
this document) and local policy, and
[§300.534(b)]
provide relevant information that
whether your child needs (and, thus,
directly assists persons in determining
The regulations also specify criteria
is eligible for) special education and
your child's educational needs.
for determining the existence of a
related services (§300.534). This
(§300.532)
specific learning disability, one of the
determination will be made based on
13 disability categories listed in the
the results of your child's evaluation
Thus, the evaluation process begins
law. Section 300.541 states that a
and information from a variety of
when a group of individuals, includ-
team may determine that a child has a
sources, including aptitude and
ing you as parents, reviews existing
specific learning disability if two
achievement tests, parent input,
evaluation data on your child and
conditions are met. The first is that the
teacher recommendations, and your
decides what (if any) additional data
child does not achieve commensurate
child's physical condition, social or
are needed to decide if your child has
with his or her age and ability levels
cultural background, and adaptive
a disability and to help plan instruc-
in one or more of the following areas:
behavior [§300.535(a)(1)].
tion for your child. If more informa-
oral expression, listening comprehen-
tion is needed about your child to
Previously, parents were not
sion, written expression, basic reading
expressly included in the group that
skill, reading comprehension, math-
determined their child's eligibility
ematics calculation, or mathematic
and, in fact, were often excluded.
reasoning, even if the child is
Now, under the IDEA Amendments of
provided with learning experiences
1997, parents are to be part of the
appropriate for his or her age and
group that determines their child's
ability level. The second condition is
eligibility [§300.534(a)(1)]. The
that the team finds that a child has a
public agency must also provide a
severe discrepancy between achieve-
9
NICHCY: 1-800-695-0285
News Digest 21 (2nd Edition)
8
and pay for the IEE, or it may initiate'
ment and intellectual ability in one
Under IDEA '97, parents
a hearing to show that its own evalua-
or more of those areas. However, the
tion was appropriate. The public
team may not identify a child as
are to be part of the group
agency may ask why you object to the
having a specific learning disability if
public evaluation. However, the that determines a child's
the severe discrepancy between ability
agency may not require you to
and achivement is primarily the result
eligibility.
explain, and it may not unreasonably
of (a) a visual, hearing, or motor
delay either providing the IEE at
impairment; (b) mental retardation;
public expense or initiating a due
(c) emotional disturbance; or (d)
criteria, in any decision made with
process hearing to defend the public
environmental, cultural, or economic
respect to providing your child with
evaluation. [§300.502(b)(4)]
disadvantage. (§300.541)
FAPE. The results may also be pre-
sented as evidence at a hearing
If the public agency initiates a
If the evaluation results indicate
regarding your child. [§300.502(c)]
hearing and the final decision of the
that your child meets the definition of
For more information about hearings,
hearing officer is that the agency's
one or more of the disabilities listed
see Part V of this News Digest.
evaluation was appropriate, then you
under IDEA and needs special educa-
still have the right to an IEE but not
tion and related services, the results
12. Will my child be evaluated
at public expense [§300.502(b) (3)].
will form the basis for developing
again in the future?
As part of a due process hearing, a
your child's IEP. The IEP is discussed
hearing officer may also request an
in detail in the next section of this
In most cases, yes. The first time
IEE; if so, that IEE must be at public
your child is evaluated is called an
News Digest.
expense. Whenever an IEE is publidy
initial evaluation (§300.531). Evalua-
funded, that IEE must meet the same
tions must also be conducted at least
I I. What happens if I don't agree
criteria that the public agency uses
with the evaluation results?
every three years (generally called a
when it initiates an evaluation. The
triennial evaluation) after your child
If you, as parents of a child with a
public agency must tell you what
has been placed in special education
disability, disagree with the results of
these criteria aresuch as location of
[§300.536(b)]. Reevaluations can
your child's evaluation as obtained by
the evaluation and the qualifications
also occur more frequently if condi-
the public agency, you have the right
of the examinerand they must be
tions warrant, or if you or your
to obtain what is known as an Inde-
the same criteria the public agency
child's teacher request(s) a reevaluation
pendent Educational Evaluation, or
uses when it initiates an evaluation, to
[§300.536(b)]. Informed parental
IEE (§300.502). An IEE means an
the extent they are consistent with
consent is also necessary for reevalu-
evaluation conducted by a qualified
your right to an IEE. However, the
ations [§300.505(a)(1)(i)].
examiner who is not employed by the
public agency may not impose other
public agency responsible for the
As with initial evaluations, reevalu-
conditions or timelines related to your
education of your child. If you ask for
ations begin with the review of
obtaining an IEE at public expense.
existing evaluation data, induding
an IEE, the public agency must
[§300.502(e)]
provide you with, among other
evaluations and information provided
Of course, you have the right to
things, information about where an
by you, the child's parents. Your
have your child independently
IEE may be obtained.
consent is not required for the review
evaluated at any time at your own
of existing data on your child. On the
Who pays for the independent
expense. (Note: When the same tests
basis of that review, the group,
evaluation? The answer is that some
are repeated within a short time
induding you and other qualified
IEEs are at public expense and others
period, the validity of the results can
professionals (as appropriate), must
are paid for by the parents. For
be seriously weakened.) The results of
identify what additional data, if any,
example, if you are the parent of a
this evaluation must be considered by
are needed to determine whether your
child with a disability and you
the public agency, if it meets agency
child continues to be a "child with a
disagree with the public agency's
disability" and continues to need
evaluation, you may request an IEE at
special education and related services.
public expense. "At public expense"
If the group determines that addi-
means that the public agency either
tional data are needed, then the
pays for the full cost of the evaluation
public agency must administer tests
or ensures that the evaluation is
and other evaluation materials as
otherwise provided at no cost to you
needed to produce the data. Prior to
as parents [§300.502(a)(3)(ii)]. The
collecting this additional information,
public agency may grant your request
910
NICHCY 1-800-695-0285
News Digest 21 (2nd Edition)
BEST COPY AVAILABLE