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The following rules are only some of which apply
to initial evaluations/assessments for revision of an IEP:
Parental consent must be obtained prior to
assessment.
Evaluation is by a multidisciplinary team, and
assessment is in all areas related to the child’s suspected
disability including, where appropriate, vision, hearing, motor
abilities, self-help, mobility skills, career and vocational
abilities and interest, and social and emotional status.
Tests must be validated for the specific purpose
used and be given by trained personnel. Tests must accurately
measure a child’s aptitude or achievement and access specific areas
of educational need rather than provide a single IQ and/or reflect
the child’s impaired sensory, manual, or speaking skills. No single
procedure or test is to be used for determining an appropriate
educational program for a child.
The assessments must be given in the child’s
native language and/or other mode of communication. If this is not
feasible, an interpreter must be used.
Assessment/evaluation materials must be selected
and administered so as not to be racially, culturally, or sexually
discriminatory.
The school must provide the parents a copy of the
assessment findings if the parents request one. It is best to
request that a copy be sent to you before the IEP meeting so if you
disagree with the assessment, you may request another district
assessment or obtain an independent assessment.
An independent assessment must be considered by
the district when it makes any decisions about the child.
The district, upon request, must pay for the cost
of the private assessment unless it can show, through a hearing
which it requests, that the district’s assessment was accurate,
complete, and met the legal requirements described above.
A re-evaluation must be completed at least every
three years and more frequently if requested by a parent or their
child’s teacher. The scope of the re-evaluation will be determined
by the IEP team. Re-evaluations in one particular area or evaluation
in a new area must also be done at a parent or teacher’s request.
A copy of a notice of parent rights will be given
to you upon initial referral for evaluation, upon each notification
of an Individual Education Program (IEP) meeting, upon reevaluation
of the child and upon registration of a complaint with the
California Department of Education or the school district. The
notice must explain all of the procedural rights of a special
education student under federal and state special education law and
include information on the procedures for requesting an informal
meeting, pre hearing mediation conference, or due process hearing,
the time lines for completing each process, whether the process is
optional, and the type of representative who may be invited to
participate.
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