7 Due Process Update Evaluation Standards. Evaluation Materials and Procedures

7Due Process Update Evaluation Standards

Fall 2009

Evaluation Materials and Procedures

All that is known about a child’s:

Performance,

abilities, and

Diffi culties prior to evaluation;

Including information the parents provide, and;

Information found in pre-referral interventions.

Is considered in determining the types of assessments to use and areas of the child’s functioning to be examined.


SR Citation: The evaluation was not performed with a variety of technically sound instruments, or evaluation tools and strategies that may evaluate relative contribution of cognitive and behavior factors, relevant functional and developmental information and physical or developmental factors.

Include information from the parent that my assist in determining whether the child is a child with a disability.

Do not accept the use of any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child

Sample of Noncompliance

The evaluation procedures indicate the use of only one transition assessment instrument

Sample of Compliance

The district used a standardized transition assessment, and

The district used a student survey assessment that was validated,

Both assessment tools addressed Post Secondary needs in education, training, and employment


SR Citation: Evaluation materials were not administered in the pupil’s native language or other mode of communication, unless not clearly feasible to do so.

Is there evidence that the phrase “unless not clearly feasible to do so” may have improperly limited a child’s right to be evaluated in the child’s native language or other mode of communication?

Review documents in student file including Notice of Evaluation/Reevaluation and the Evaluation Report (ER) to note if racially and culturally diverse students

Were documented as having racial or cultural concerns

Were documented as having no racial and cultural concerns

Sample of Compliance: A statement was found in the

Evaluation Report (ER) that there was no need to administer evaluation materials in the pupil’s native language.

Sample of Noncompliance:

No statement in Notice of Evaluation/Reevaluation or in the Evaluation Report (ER) that evaluation materials were administered or were not administered in the pupil’s native language, unless not clearly feasible to do so.


SR Citation: If using standardized tests, the evaluation did not use standardized tests that have been validated for the specific purpose for which they are being used.

Answer whether or not the tests are used for the purposes for which the assessments or measures are valid and reliable?


Using the BASC standardized test as one of the tools to determine eligibility for EBD services

Using the current Woodcock results for SLD eligibility determination


Performance information based on an informal survey presented as a standardized test

Using the CELF language test results as a basis for an SLD evaluation


SR Citation: If using standardized tests, the tests were not administered by trained and knowledgeable personnel.

Based on data provided in the Present Level of Performance (PLEP) section, describe the educational needs of the student.

Educational needs statements must address skills and/or behaviors that need improvement in order for the child to participate and progress in the general curriculum


Special Education teachers licensed in a given eligibility area administered standardized tests in that area

Intelligent tests were administered by school psychologist

Medical and mental health diagnosis have appropriate licensed personnel administrating standardized tests


Teachers who are not qualified to administer assessment instruments that they use:

DAPE teachers giving the WISC

SP/L teachers giving the BASC


SR Citation: The evaluation was not suffi ciently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to a disability category.

Include those assessments tailored to assess specific areas of education need and not merely those that are designed to provide a single intelligence quotient

Include, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities


All that is known about a child’s:

Performance, Abilities, and Difficulties prior to the evaluation;

Including information the parents provide and

Information found in pre-referral interventions

Is considered in determining the types of assessments to use and areas of the child’s functioning to be examined

Where to find the data:

In the Notice of Evaluation/Reevaluation and in the ER


Initial eligibility criteria for a categorical disability is not met and educational needs are not established


SR Citation: Evaluation materials were not selected and administered so as not to be discriminatory on a racial or cultural basis.

Is there evidence in the Notice of Evaluation /Reevaluation or in the Evaluation Report (ER) as to the extent to which the assessment varied from the standard conditions?

Review documents in student file including Notice of Evaluation/Reevaluation and the ER to not if racially and culturally diverse students

Were documented as having racial and cultural concerns

Were document as having no racial and cultural concerns


A statement that race and culture were addressed and found not to be discriminatory factors in the assessment procedures.


Administering instruments, such as WISC and Woodcock without indication that race and culture are not factors in this assessment

Evaluation Report

Evaluation Report SR Citation: The ER did not

include parent(s) information about the child. Parents are an integral part of the

evaluation process. Thus, parent input must be sought and integrated to include in the ER

If you are unsuccessful in obtaining parent input into the ER, be sure to document the attempts made to gain their input. More than one attempt should be made to obtain parental input into the ER.


Parent information was sought and integrated into the ER concerning their child’s strengths and weaknesses

Parent input was sought and integrated into the ER concerning how their child does or does not meet eligibility criteria

If the child qualifies for service, the parent identifies specific needs than can be served through special education


No evidence in the ER that the parent provided input as part of the evaluation, addressing the child’s performance, abilities and difficulties.

No indication that reasonable attempts were made to gather parental input.

Evaluation Report SR Citation: The ER did not include a summary of

all evaluation results (from data sources listed in the evaluation plan.)

Everything listed on the evaluation plan should be included in the ER

All initial evaluations and re-evaluations must be integrated into a single report that represents the team’s interpretation of the evaluation results and its determination of eligibility.

The summary should be one comprehensive summary, not individual reports merely stapled together, or individual summaries of each instrument.

Provide information no only about what a child can not do, but, also provides information about what a child knows, s/he can do, and how the child learns and demonstrates knowledge—in spite of their impairement(s).


Information obtained through evaluation is synthesized and integrated into one comprehensive Evaluation Report that is easily and readily understood by parents and is useful in determining needs derived from the disability.


Information written in the evaluation plan as part of the assessment is not written in the ER

If there are a number of individual reports written, but the information is not synthesized and integrated into one comprehensive Evaluation Report.

Evaluation Report SR Citation: The ER did not include Present

Levels of Performance

Include a description of the student’s current educational performance in the evaluated areas using current assessments and existing data.

Additional sources of information include observations, work samples, curriculum-based measures, informal procedures, diagnostic tests and performance on goals and objectives

Consider the child’s academic achievement

Consider the child’s functional performance


Information in the report provides comprehensive information that adequately describe the student’s skill strengths and weaknesses

The ER includes how the child’s disability affects his or her involvement and progress in the general curriculum (i.e. the same curriculum as for nondisabled children). This may include information concerning the pupil’s: academic achievement, social adaptation and how the child’s behavior impedes his or he learning or that of others, vocational skills, sensory and motor skills, self-help skills language and communication needs, and speech and language skills

Sample of Noncompliance Information in the report provides only test

scores and does not adequately describe the student’s skill strengths and weaknesses.

The ER fails to include how the child’s disability affects his or her involvement and progress in the general curriculum (i.e. same curriculum as for nondisabled children). This may include information concerning the pupil’s academic achievement, social adaptation and how the child’s behavior impedes his or her learning or that of others, vocational skills, sensory and motor skills, self-help skills, language and communication needs, and speech and language skills.

Evaluation Report SR Citation: The ER did not include

educational needs that derive from the disability

Based on data provided in the Present Levels of Performance section, describe the educational needs of the student

Educational needs statements must address skills and/or behaviors that need improvement in order for the child to participate and progress in the general curriculum


Statements contained in the ER address the child’s educational needs that result from his or her disability.

Needs statements are written that address concerns that allow the child to participate and progress in the general curriculum

Statements contained in the ER draw upon information from a variety of sources


There is clearly no connection between the needs written in the ER and the child’s disability

Needs are not identified in the ER.

Evaluation Report SR Citation: For the INITIAL evaluation,

the ER did not include documentation of whether the child has a disability and is in need of special instruction and services.

Eligibility for special education and related services must be based on the criteria components outlined for each disability category within MN Rule

The initial ER must document that the student meets the criteria for a categorical disability.


Initial eligibility criteria for a categorical disability is met and educational need(s) are established


Initial eligibility criteria for a categorical disability is not met and educational needs are not established

The initial evaluation is not full and individualized

Evaluation Report SR Citation: For Reevaluation, the ER did not

include documentation that the pupil continues to have a disability and continues to need special education and related services.

Eligibility for special education and related services must be based on the criteria components outlined for each disability category within MD rule

Re-evaluation reports must document that all criteria components have been addressed, the student continues to have a disability, and the student demonstrates a continuing need for special education services.


The ER verifies that the child still has a need for special education services under a specific category of disability


If the ER does not indicate the student has a particular category of disability

If the ER does not indicate the student has, or continues to have special education needs.

Evaluation Report SR Citation: The ER did not include

documentation of needed additions or modifications to the special education and related services to enable the pupil to meet the measurable annual goals set out in the pupil’s IEP and to participate, as appropriate, in the general curriculum.

The report must document whether any additions or modifications to special education and IEP are needed to enable the student to meet the measurable annual goals set out in the IEP and to participate, as appropriate, in the general curriculum


Shorten reading and writing assignments

Reducing the difficulty of assignments

Reducing the reading level

using a word processor for written work

Using sign language, a communication device, Braille, or native language if not English


The ER does not address any additions or modifications needed

Areas of need are not covered by the identified additions and modifications.

Exit Procedures Points to consider:

Except as provided in paragraph (e)(2) of this section [34 C.F.R. 305.(e)] a public agency must evaluate a child with a disability before determining that the child is no longer a child with a disability.

The evaluation described of this section is not required before the termination of a child’s eligibility under this part due to graduation from a secondary school with a regular diploma, or due to exceeding the age of eligibility for FAPE under State law.

Graduated or Aged Out

SR Citation: For a student who has graduated, the file does not contain a summary of academic achievement, functional performance and/or recommendation on how to assist the child in meeting post-secondary goals.


Documentation was provided that included 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.

Documents

7 Due Process Update Evaluation Standards. Evaluation Materials and Procedures