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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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