Nondiscriminatory Evaluation: Screening, Pre-Referral, & Referral
Nondiscriminatory evaluation has two purposes:
a) to determine whether a student has a disability and
b) to decide the nature of the special education and related services the student needs.
To achieve these purposes, four steps must be followed.
1. First, screening involves a look at all students to determine which students might need further testing to determine whether they qualify for special supports. Screening includes group achievement tests given by classroom teachers and vision and hearing tests routinely given by the school nurse.
2. Pre-referral is the second step in the process. In California, the Student Study Team process is the mandated pre-referral process all schools must employ before considering referral for more intensive services through special education. It is critical during the SST process to distinguish cultural and language differences that arise from a students background from genuine learning problems, as students with cultural and linguistic differences are inappropriately over-identified as having disabilities.
3. Referral for special education evaluation occurs after previous screening and pre-referral steps have been taken. The request for an evaluation, or referral, involves the teacher, SST team member, or parent(s) submitting a formal written request for a student to receive a full and formal nondiscriminatory evaluation. Referral forms typically ask for specific and comprehensive information about the student including a) any screening information, b) the areas of educational concern that prompted the pre-referral (SST) interventions, c) the nature of the SST interventions and the results achieved, and d) any concerns expressed by the student or the student’s family (e.g., self-esteem, depression).
The referral begins the IEP process and starts the 15 calendar clock to request permission for evaluating the students for Special Education Services. Parents have 15 calendar days to sign and return the Assessment Request Form. Once the Assessment Form is completed the evaluation must be completed within 60 calendar days. From the beginning of the process - the referral, the school must provide and IEP meeting within 90 calendar days.
4. The fourth step in Nondiscriminatory Evaluation is to, in fact, assess to answer the two questions: a) Does the student have a disability?, and b) If so, what is the nature of the specially designed instruction and related services the student needs? As a classroom teacher, you need to know that there are a complex set of procedures and standards that all professionals must follow to safeguard against making a mistake by a) placing a student in special education when s/he should not be, b) failing to make a student eligible when s/he should be, or c) misclassifying a student as having one type of exceptionality when in fact the student has another. Because evaluation has such a significant impact on students and their families, a team rather than an individual is responsible for administering a nondiscriminatory evaluation to determine if a student qualifies for special education. This team, known as the evaluation team, is responsible for the ensuring the nondiscriminatory evaluation procedures and standards outlined below. If you are the classroom teacher on an evaluation team, these are your and everyone else’s responsibilities. Evaluation must take place within 60 calendar days,; timeline begins when the parent returns the signed assessment form.
So from the time of a referral the school has 90 calendar days to hold and IEP Meeting: Referral Form (15 days), Assessment Form (15 days) & Assessment Process (60 days)
OUTLINE OF ASSESSMENT
I. Breadth of Assessment
A. More than one test; no single procedure may be used as the basis of evaluation
B. Variety in assessment tools and strategies
C. Examine relative contribution of cognitive, behavioral, physical, and developmental factors
D. Assess in all areas related to the suspected disability (e.g., health, vision, hearing, social/emotional status, cognitive abilities, academic performance, communication status, motor skills)
E. Assess specific areas of need (no relying on a single ability score)
II. Administering Assessments
A. Select and administer assessments so as NOT to discriminate racially or culturally
B. Administer in the student’s native language of mode of communication (e.g., Braille, sign language)
C. Trained personnel conform to test producer’s instructions
D. Other data is gathered, including information from the parents, current classroom-based assessments and observations, observations of the teacher, information from related services providers (e.g., speech, language and hearing specialist)
E. Identify what other data is needed to determine:
1. whether the student has a disability
2. the student’s present levels of performance and educational needs
3. whether the student needs special education and related services
4. whether any additions or modifications to special education and related services are needed so the student can participate in the general curriculum and meet Individual Education Program (IEP) goals
III. Timing of the Assessment
A. Nondiscriminatory evaluation must occur before an initial placement into or out of special education
B. Reevaluation occurs ever three years or more frequently, if conditions warrant or if requested by the student’s parent(s) or teacher
IV. Parental Notification and Consent
A. Parent(s) must be fully informed and provide written consent before each evaluation and reevaluation
B. Parents must receive a full explanation of all due process rights, a description of what the school proposes (or refuses) to do, each evaluation procedure that is
C. Parent consent for evaluation is NOT consent for placement into or out of a special education program; separate consent is required for placement
V. Interpretation of Assessment Results
A. Interpretations must consider a wide variety of sources, including tests, teacher recommendations, social or cultural background, adaptive behavior (life skills such as self-care, home living, communication and social skills), and physical conditions
Evaluation Team
Under the l997 amendments to IDEA, the evaluation team must consist of the following members:
- The student’s parents
- At least one general education teacher of the student, if the student is or may be participating in the general education environment
- At least one special educator
- A representation of the school district who is a) qualified to provide or supervise specially designed instruction to meet the unique needs of students with disabilities, b) knowledgeable about general curriculum, and c) knowledgeable about the availability of local education resources (e.g., school administrator, special education administrator)
- An individual who can interpret the instructional implications of evaluation results (who may already be a member of the team)
- Others who have knowledge or special expertise (including related services personnel
- The student (whenever possible and deemed appropriate)
Once the assessment data has been gathered, it is compiled and a written report describing the tests and the results is composed. The team meets to consider the results, direct observations of the student, anecdotal records, and any other information the family or team members deem important and respond to its first purpose of nondiscriminatory evaluation. Specifically, it decides if the student qualifies as having a disability, based upon the qualification criteria for 12 disability categories set out by the federal government and the State of California. If the team does not find the student eligible, the parents receive the required notice of ineligibility and the student remains in general education without special education services. If the team finds the student eligible, then it proceeds to its second responsibility of determining the nature of the specially designed instruction and related services that the student needs. This step of the decision-making process links the nondiscriminatory evaluation process to the school’s duty to provide and appropriate education and access to the general curriculum, which is where we will go next in the exploration of IDEA in action.
Note: The above summarizes information presented in Chapter 2 of Turnbull, Turnbull, Shank, & Leal’s second edition of the Merrill/Prentice Hall text, Exceptional lives: Special education in today’s schools. Above text created by Drs. Jacque Thousand & Toni Hood, CSUSM
Criteria for Eligibility for IDEA Categories & Teaching Tips
Autism
Blind or Visually Impaired
Deaf or Hearing Impairment
Deaf & Blind
Development Delay
Emotional Disturbance
Specific Learning Disability
Intellectual Disability
Multiple Disabilities
Orthopedic Impairment
Other Health Impairment: ADD/ADHD
Other Health Impairment: Epilepsy
Speech and Language Disability
Traumatic Brain Disorder
Difference between a 504 and IEP Plan
LEGESLATION COMPONENT
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IDEA
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504 PLAN
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PURPOSE
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Is a federal statute whose purpose is to ensure a free and appropriate education services for children with disabilities who fall within one of the specific disability categories as defined by the law.
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Is a broad civil rights law which protects the rights of individuals with disabilities in any agency, school or institution receiving federal funds to provide persons with disabilities to the greatest extent possible, an opportunity to fully participate with their peers.
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PROTECTIONS
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Covers eligible students ages 3–21 whose disability adversely affects the child's educational performance and/or ability to benefit from general education.
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Covers all persons with a disability from discrimination in educational settings based solely on their disability.
Section 504 defines a person with a disability as:
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SERVICES
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Provides individual supplemental educational services and supports in addition to what is provided to students in the general curriculum to ensure that the child has access to and benefits from the general curriculum. This is provided free of charge to the parent.
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Requires schools to eliminate barriers that would prevent the student from participating fully in the programs and services offered in the general curriculum.
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DELIVERY REQUIREMENTS
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Requires a written Individualized Education Program (IEP) documentation with specific content addressing the disability directly and specifying educational services to be delivered, mandating transition planning for students 16 and over, as well as a Behavior Intervention Plan (BIP) for any child with a disability that has a behavioral issue.
“Appropriate Education” is defined as a program reasonably calculated to provide “educational benefit” to the student. Related services are provided as required for the student to benefit from the educational process and are aligned with specially designed instruction (e.g., counseling, speech, transportation, occupational and physical therapy, etc.) |
Does not require a written IEP but does require a documented plan. “Appropriate Education” means comparable to the one provided to general education students.
Section 504 requires that reasonable accommodations be made for the child with a disability. Requires the school to provide reasonable accommodations, supports and auxiliary aides to allow the child to participate in the general curriculum. |
FUNDING
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Provides additional funding to states for eligible students
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Does not provide additional funds.
Additionally, IDEA funds may not be used to serve children found eligible under section 504 only. |
INDEPENDENT EVALUATION
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Allows parents to request an Independent Educational Evaluation (IEE) at the school district’s expense if parent/guardian disagrees with the evaluation obtained by the school district. The Independent Evaluator must meet the same criteria as the district requires for their employees and must be approved by all parties.
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Does not allow independent evaluations at the district’s expense or the ability to request an independent educational evaluation.
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PROCEDURAL SAFEGUARDS
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Requires written notice to parent/guardian prior to identification, evaluation and/or placement of child.
Changes of services or placement must have written notice before any change can take place. Requires due process rights to be followed at all times and manifestation determination hearing for discipline procedures. For any child with behavioral concerns a Functional Behavior Assessment (FBA) must be completed and a Behavior Intervention Plan (BIP) written to assist student in learning appropriate behaviors and providing supports to enable student to be successful in their learning community. |
Does not require written notice.
Requires notice before a “significant change” in placement—requires due process rights if referred for formal evaluation under IDEA, and the team determines not to evaluate. |
PLACEMENT
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Requires district and schools to use information from a variety of sources. Consider all documented information and use a team approach to make eligibility decisions. Team members are identified under IDEA and must be knowledgeable about the child, evaluation data, and the continuum of placements and services available.
Requires that student receives a free and appropriate education with his/her non-disabled peers in the least restricted environment. IEP meeting is required before any change in placement or services is made. Students are eligible for a full continuum of placement options including regular education with related services as needed. |
Requires district and schools to use information from a variety of sources. Consider all documented information. Use a team approach to make eligibility decisions, with team members being knowledgeable about the child, evaluation data, and the continuum of placements and services available.
The student must receive a free and appropriate education with his/her non-disabled peers. Meeting is not required for a change of placement. Students are served in general education with or without modification. Possible accommodations under a 504 plan could be:
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DUE PROCESS
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Requires district to provide resolution sessions and due process hearings for parents/guardians who disagree with identification, evaluation, implementation of IEP or students Least Restricted Environment (LRE) placement.
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Requires districts to provide a grievance procedure for parents, and students who disagree with identification, evaluation, implementation of IEP or students Least Restricted Environment (LRE) placement. A grievance procedure must be provided to parents and employees to follow and a 504 coordinator identified in the district to assist individuals as needed.
Due process hearing not required before Office of Civil Rights (OCR) involvement or court action unless student is also covered by IDEA. Compensatory damages possible. |