Overview of Assessment Process
Each school year a number of students are referred for a special education assessment to determine if they are eligible for special education services. Referrals can come from anyone (for example, a teacher, a parent or a grandparent), but each is treated the same way regardless of its source. Parents often feel a little apprehensive initially, wondering if this testing will single out, embarrass or in other ways harm their child; however, that feeling usually changes over time until the parent is feeling some hope that the assessment will lead to greater success for their child who has been struggling with some aspect of school.
Each of the 13 categories of disabilities that qualify a child for special education services has unique eligibility requirements; thus, the assessment information gathered varies depending upon the issue mentioned in the referral. The majority of assessments are for the category of specific learning disabilities (SLD). In this case, the assessment process involves determining the child’s overall abilities and how he or she performs academically, then comparing the two to see if a significant gap exists. Additional information derived from classroom performance, observations and the like are used to validate what the tests are saying.
Today, most schools use what is called the discrepancy model, which involves the use of statistically validated tests to compare academic performance to overall abilities. This is typically done with a test that compares IQ with standard academic scores. A child must be at least one and a half standard deviations from the mean to be qualify as having an SLD. For example, a student scores a 100 on the IQ test, which is exactly the mean; on his academic tests he scores an 83. The standard deviation for a standard test is 15, making a standard deviation and a half 23 (technically 22.5). Since a score of 83 is 17 points from the mean, the child is not deemed eligible, unless there is significant other evidence to contradict this, Often, this test is also used for students who are being assessed for attention deficit hyperactivity disorder (ADHD), although that category does not require the use of this method.
What can I do?
Discuss additional or ignored information at the evaluation team meeting and ask about RTI.
If you are the parent who has just heard that your child isn’t eligible, you will likely feel your hope fade, knowing that your child will continue to struggle in the area in which they have been struggling and that no additional services are going to be provided. But, as the parent who gave permission for testing to take place, you do have some recourse.
First, during the evaluation team meeting at which you learn that your child is not eligible, you can express your concerns and bring up additional data not being considered. The team will consider what you have to say and if you are very convincing, you might change their mind. At this point you should also ask if they are going to provide interventions through Response to Intervention (RTI), which may help your child academically and provide evidence for future eligibility. By the way, remember that you are required to be invited to any meetings where the school discusses assessment regarding your child.
Wait a year? No, ask for an IEE.
Next, you can wait a year and refer you child for another assessment. I’m certain that doesn’t make you feel inspired. “Wait a year? No way! What can I do now?”
Fortunately, you also have the right to ask for what is called an Independent Educational Evaluation (or, in special education language, an IEE). IDEA defines an IEE as “an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question.” (34 CFR 300.503). This evaluation is conducted at a parent’s request at no cost to the parent. To request an IEE, contact district officials from your assessment team, as well as the director of special education. They will provide you with a list of potential candidates who agree to conduct the evaluation for no more than the normal costs of a district evaluation, and of course, they will pay for it. You cannot choose someone who is not on that list of approved individuals.
The results of the new evaluation may contradict those of the one conducted by the district team; in that case, the district team is convened, with you in attendance, to determine which is the most accurate and appropriate evaluation and re-determine if your child is eligible for special education services. The district does not have to accept the IEE as a better assessment than the earlier evaluation, but must consider it.
Pursue common complaint methods through your state’s department of education
If you feel that the district evaluation team was not professional, violated clear principles of evaluation ethics or predetermined whether your child was eligible or not, you could pursue common complaint methods through your state’s department of education, which will primarily determine if your child’s Free Appropriate Public Education was denied because of their actions. These include a formal complaint, mediation or a due process hearing.
File an Office of Civil Rights complaint.
A final recourse is available if discrimination because of your child’s disability is a factor. If the team clearly discriminated by not allowing common accommodations or using biased testing, you can contact the Office of Civil Rights and file a formal complaint. The Office of Civil Rights has far-reaching powers, much like the IRS, so this is your weightiest option. It must be done within the context of a clear violation of your child’s civil right to a free appropriate public education.
Leave a Reply