§ 45.19 - Evaluation procedures.

Procedures for selecting testing and evaluation materials and procedures developed for the purpose of evaluation and placement of handicapped children will not be racially or culturally discriminatory. Materials or procedures shall be provided and administered in the child's native (primary) language or mode of communication unless it is clearly not feasible to do so. No single procedure shall be the sole criterion for determining an appropriate educational program for a child. Assessment instruments should be selected on a child-by-child basis. Assessments must be reported in such a manner as to indicate present levels of the child's performance, to determine the need for special education and related services. Based on the individual needs of the child, additional specialized assessments may be required. Assessment reports should contain a summary of the diagnosis and specific educational recommendations for remediation. Assessment of a handicapped child will be multi-disciplinary, in order to provide a comprehensive view of the child from the perspective of the school, home, and community.

(a) For the purposes of non-discriminatory testing and evaluation practices, the following shall apply:

(1) Assessment instruments shall be appropriately adapted when used with children of impaired sensory, physical, or speaking skills and such adaptation shall consider each child's age and socio-economic and cultural background.

(2) Specialists implementing evaluation procedures must be familiar with local, cultural, language, and social patterns and practices.

(3) Interpretors, in the native language and/or sign language may be used throughout all phases of the evaluation.

(4) Communication with parents and the child shall be in the native language of the home (through the use of an interpretor) unless the English language is well understood by the parents, guardians, or child.

(5) Local community norms shall be considered when norm referenced tests are used.

(6) Criterion referenced instruments should be used.

(7) Developmental checklist(s) should be used where appropriate.

(8) Instruments shall be administered only by trained personnel and according to the producer's instructions.

(9) Instruments shall assess specific abilities, not merely produce a single IQ score.

(10) No one result shall determine placement.

(b) Assessment instruments should be adapted in accordance with the producers instructions to meet the individual needs of the child being evaluated. This requires that:

(1) Instruments be adapted according to age, socioeconomic, and cultural background of each child before or during a child's evaluation.

(2) Instruments be adapted for children with perceptual problems either before or during an evaluation.

(c) Evaluation shall be conducted in educationally related areas to verify a child's suspected need for special education. Evaluations shall be accomplished through coordination with the school supervisor and the Agency Special Education Coordinator when appropriate.

(d) An assessment by a psychologist shall be provided when appropriate to the child's needs. Such assessment may include:

(1) An individually appropriate psychological examination culminating in specific recommendations, based upon the child's developmental and social history.

(2) Observation of the child in familiar surroundings, such as a classroom or home.

(3) Inventory of sensory, motor, language, perceptual, attentional, cognitive, affective, attitudinal, self-image, interpersonal, behavioral, interest and vocational factors, in regard to the child's maturity, integrity and interaction with the educational and/or home context.

(e) An assessment by a nurse, social worker, or a counselor shall be provided when appropriate for the child. Such assessment of pertinent family history and home situation factors shall include:

(1) A description of pertinent family history and individual developmental history and estimates of adaptive behavior at home in the neighborhood and in local peer groups.

(2) Estimates of adaptive behavior shall be based to the greatest possible degree on information obtained by direct observation or interview of the child and/or parent in the neighborhood setting.

(f) Each qualified specialist providing an assessment component shall give the child a professionally sound, complete and suitable individualized examination or assessment in the context of the child's physical, developmental, social and educational history and current circumstances.

(g) Individual evaluations shall be conducted on a child unless there are written and documented reasons determined on an individual basis, for waiving evaluations. Acceptable reasons may include but are not limited to circumstances where:

(1) The parents refuse to permit an evaluation.

(2) The parents arrange for an equivalent evaluation of their child by a qualified professional.

(3) An equivalent evaluation has been completed within the past three (3) years.