Appendix A: Lozano Smith Attorneys at Law Opinion Letter
Propriety of Administering I.Q. Tests to African-American Students
XX. XXXX XXXXXXXXXX, Director
March 18, 2002 Page 5
The CDE Clarification In 1997, the CDE issued its latest memorandum on this topic – Clarification of the Use of Intelligence Tests with African-American Students for Special Education Assessment. In the Clarification, the CDE appears to have entirely ignored the Crawford decision and expressly states that districts will be found out of compliance for using any of the tests listed in the Task Force report to assess black students for special education eligibility. The CDE Clarification further states that no standardized intelligence tests, even if not on the task force lists, should be used to assess African- American students’ eligibility for special education. The CDE’s reasoning remains based on the original Larry P. decision, in which the court found that all the I.Q. tests reviewed were culturally biased, and the statutory prohibition against using discriminatory evaluation materials for special education eligibility. The 1977 Clarification represents the CDE’s current policy regarding intelligence testing of African-American students and remains the basis for non-compliance findings. Thus, while the case law creates a narrower prohibition regarding I.Q. testing of black students, school districts are cautioned to avoid standardized intelligence tests and use alternative assessments to evaluate special education eligibility and placement of African-American students.
Should you have any questions, or wish to discuss this matter further, please feel free to call.
Sincerely
LOZANO SMITH
Sarah E. Tigerman
BP 5002 – Evaluation and Assessment
Page 19
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 02/14)
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