Policy – Category 5000 (Students)
BP 5002 – Evaluation and Assessment
According to the California Department of Education publication, Guidelines for Individual Evaluation of California Students with Disabilities, Birth Through Age Twenty-One , 1999, changes occurred in IDEA 97 that relate to evaluation requirements for English language learners who are suspected of having a disability. Per that document: The definition of native language was changed in IDEA 97 to refer to the language normally used by the parents of the English-learning child. If a disability is suspected, school districts should provide and administer tests and other evaluative procedures using the child’s native language or other mode of communication, unless it is clearly not feasible to do so. Procedural safeguards during the evaluation process are the same for all students, with these additional requirements: (1) the plan for evaluation shall be provided in the native language of the parent or other mode of communication used by the parent, unless doing so is clearly not feasible; (2) the plan for evaluation must indicate the student’s primary language; and (3) procedures and test materials for use with pupils having limited English proficiency, as defined in Education Code § 52163(m), shall be in the individual’s primary language. To consider whether an English language learner suspected of having a disability is eligible for special education, the IEP team determines whether the learning disability is demonstrated in his or her native language and in English. Test procedures and interpretation of results must cover the student’s achievement in the district curriculum and in the district-adopted sheltered or structured English immersion program. In addition, the IEP team must consider whether a lack of instruction in reading or mathematics, temporary physical disabilities, social maladjustment, or environmental, cultural, or economic factors contribute to the student’s performance.
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Evaluation of African-American Students
Under the Larry P. v. Riles decision of 1979, assessment of intelligence of African- American students referred for special education is not allowed. The decision identified tests that are prohibited. Additionally, there is no criterion or a process for selecting acceptable instruments. According to the California Department of Education, Special Education Division, African-American students cannot be assured that decisions about their eligibility for special education will be based on technically or educationally adequate instruments. To provide equal treatment and effective educational decisions for African-American students in special education, according to a presentation to the Advisory Commission on Special Education, November 20, 1998:
BP 5002 – Evaluation and Assessment
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 02/14)
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