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EVALUATION PROCEDURES  
 
Authorities: 20 U.S.C. § 1414; 34 C.F.R. Part 300; Texas Education Code; 19 TAC Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

P
The local educational agency (LEA) must comply with the REVIEW OF EXISTING EVALUATION DATA (REED) framework.


P
The LEA must comply with the PRIOR WRITTEN NOTICE framework.


P
The LEA must comply with the CONSENT frameworks.


INITIAL EVALUATIONS


P
The LEA must conduct an initial FULL AND INDIVIDUAL EVALUATION before the initial provision of special education and related services to a child with a disability. 300.301(a)
1414(a)(1)(A)


P
The initial evaluation must consist of procedures to determine: 300.301(c)(2)
1414(a)(1)(C)(i)


P
  • Whether a child is a child with a disability; and
300.8(a)(1)
300.301(c)(2)(i)
1414(a)(1)(C)(i)


P
  • The educational needs of such child.
300.301(c)(2)(ii)
1414(a)(1)(C)(i)


D
The initial evaluation must be conducted and the evaluation report completed within 60 days of receiving parental consent for the evaluation, unless: 300.301(c)(1)
TEC 29.004(a)
1414(a)(1)(C)(i)


P
  • The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or
300.301(d)(1)
1414(a)(1)(C)(ii)


P
  • The child transfers from one LEA to another when an evaluation is pending and the LEA complies with the TRANSFER STUDENTS framework.
300.301(d)(2)
300.301(e)


REEVALUATIONS


P
The LEA must ensure that a reevaluation of each child with a disability is conducted:  300.303(a)
1414(a)(2)(A)


P
  • If the LEA determines the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation;
300.303(a)(1)
1414(a)(2)(A)


P
  • If a reevaluation is requested by the child's parents or teacher; or
300.303(a)(2)
1414(a)(2)(A)


P
  • Before determining that the child is no longer a child with a disability.
300.305(e)
1414(c)(5)(A)


P

A reevaluation is not required (but a SUMMARY OF PERFORMANCE is required) before the termination of a child's eligibility due to:

300.305(e)(2)
1414(c)(5)(B)(i)


  • Graduation from secondary school with a regular diploma; or
300.305(e)(2)
1414(c)(5)(B)(i)


P
  • Exceeding the age eligibility for a free appropriate public education (FAPE) under State law.
300.305(e)(2)
1414(c)(5)(B)(i)


D
A reevaluation must occur: 300.303(b)
1414(a)(2)(B)


D
  • Not more frequently than once a year, unless the parent and the LEA agree otherwise; and
300.303(b)(1)
1414(a)(2)(B)


D
  • At least once every three years, unless the parent and the LEA agree that a reevaluation is unnecessary.
300.303(b)(2)
1414(a)(2)(B)


GROUP OF QUALIFIED PROFESSIONALS




D

The group that collects or reviews evaluation data must include, but is not limited to the following members: 

300.306(a)(1)
89.1040(b)
1414(b)(4)(A)


D
  • A licensed specialist in school psychology (LSSP);
89.1040(b)(1)


D
  • An educational diagnostician;
89.1040(b)(1)


D
  • Other appropriately certified or licensed practitioner with experience and training in the area of the disability; or
89.1040(b)(1)


D
  • A licensed or certified professional for a specific eligibility category as specified in the applicable specific eligibility category framework(s) of FULL AND INDIVIDUAL EVALUATION.
89.1040(b)(2)


EVALUATION PROCEDURES


D
In conducting the evaluation, the LEA must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent, that may assist in determining:  300.304(b)(1)
1414(b)(2)(A)


D
  • Whether the child is a child with a disability; and
300.304(b)(1)(i)
1414(b)(2)(A)


D
  • The content of the child's individualized education program (IEP), including information related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool children, to participate in appropriate activities.
300.304(b)(1)(ii)
1414(b)(2)(A)


P
In conducting the evaluation, the LEA must: 300.304(b)
1414(b)(2)


P
  • Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and
300.304(b)(2)
TEC 29.310(b)
1414(b)(2)(B)


P
  • Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.  
300.304(b)(3)
1414(b)(2)(C)


P
The LEA must ensure that: 300.304(c)
1414(b)(3)


P
  • Assessments and other evaluation materials used to assess a child under this framework:
300.304(c)(1)
1414(b)(3)(A)


P
    • Are selected and administered so as not to be discriminatory on a racial, cultural or sexual basis;
300.304(c)(1)(i)
TEC 29.310(a)
1414(b)(3)(A)(i)


P
    • Are provided and administered:
300.304(c)(1)(ii)
TEC 29.004(b)
1414(b)(3)(A)(ii)


P
      • In the child's native language or other mode of communication; and
300.29
300.304(c)(1)(ii)
TEC 29.004(b)
1414(b)(3)(A)(ii)


P
      • In the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer;
300.304(c)(1)(ii)
1414(b)(3)(A)(ii)


P
    • Are used for the purposes for which the assessments or measures are valid and reliable;
300.304(c)(1)(iii)
1414(b)(3)(A)(iii)


P
    • Are administered by trained and knowledgeable personnel; and
300.304(c)(1)(iv)
1414(b)(3)(A)(iv)


P
    • Are administered in accordance with any instructions provided by the producer of such assessments;
300.304(c)(1)(v)
1414(b)(3)(A)(v)


P
  • Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient;
300.304(c)(2)


P
  • Assessments and instruments are selected and administered so as to best ensure that the assessment results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (unless those are the skills the test purports to measure);
300.304(c)(3)


P
  • The child is assessed in all areas of suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;
300.304(c)(4)
1414(b)(3)(B)


D
  • For a child with limited English proficiency, the LEA differentiates between language proficiency and disability;
89.1230


P
  • The evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified; and
300.304(c)(6)
1414(b)(3)(C)


P
  • Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child must be provided.
300.304(c)(7)
1414(b)(3)(C)

 
 
Last Updated: Wednesday, August 25, 2010
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