ADDITIONAL REQUIREMENTS
S 1248 |
HR 1350 |
IDEA NOW |
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``(3) Additional requirements._Each local educational agency shall ensure that_ ``(A) tests and other evaluation materials used to assess a child under this section_ ``(i) are selected and administered so as not to be discriminatory on a racial or cultural basis; ``(ii) are provided and administered, to the extent practicable, in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally; ``(iii) are used for purposes for which the assessments or measures are valid and reliable; ``(iv) are administered by trained and knowledgeable personnel; and ``(v) are administered in accordance with any instructions provided by the producer of such tests; ``(B) the child is assessed in all areas of suspected disability; and ``(C) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided. |
`(3) ADDITIONAL REQUIREMENTS- Each local educational agency shall ensure that-- `(A) assessments and other evaluation measures used to assess a child under this section-- `(i) are selected and administered so as not to be discriminatory on a racial or cultural basis; `(ii) are provided and administered in the language and form most likely to yield accurate academic and developmental data, unless it is clearly not feasible to do so; `(iii) are used for the purposes for which the assessments or measures are valid and reliable; `(iv) are administered by trained and knowledgeable personnel; and `(v) are administered in accordance with any instructions provided by the producer of such tests; `(B) the child is assessed in all areas of suspected disability; and `(C) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided. |
(3) ADDITIONAL REQUIREMENTS- Each local educational agency shall ensure that -- (A) tests and other evaluation materials used to assess a child under this section -- (i) are selected and administered so as not to be discriminatory on a racial or cultural basis; and (ii) are provided and administered in the child's native language or other mode of communication, unless it is clearly not feasible to do so; and (B) any standardized tests that are given to the child -- (i) have been validated for the specific purpose for which they are used; (ii) are administered by trained and knowledgeable personnel; and (iii) are administered in accordance with any instructions provided by the producer of such tests; (C) the child is assessed in all areas of suspected disability; and (D) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided. |
``(4) Determination of eligibility._Upon completion of administration of tests and other evaluation materials_ ``(A) the determination of whether the child is a child with a disability as defined in section 602(3) shall be made by a team of qualified professionals and the parent of the child in accordance with paragraph (5); and ``(B) a copy of the evaluation report and the documentation of determination of eligibility shall be given to the parent.
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`(4) DETERMINATION OF ELIGIBILITY AND EDUCATIONAL NEED- Upon completion of the administration of assessments and other evaluation measures-- `(A) the determination of whether the child is a child with a disability as defined in section 602(3) and the educational needs of the child shall be made by a team of qualified professionals and the parent of the child in accordance with paragraph (5); and `(B) a copy of the evaluation report and the documentation of determination of eligibility will be given to the parent.
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(4) DETERMINATION OF ELIGIBILITY- Upon completion of administration of tests and other evaluation materials -- (A) the determination of whether the child is a child with a disability as defined in section 602(3) shall be made by a team of qualified professionals and the parent of the child in accordance with paragraph (5); and(B) a copy of the evaluation report and the documentation of determination of eligibility will be given to the parent. |
``(5) Special rule for eligibility determination._In making a determination of eligibility under paragraph (4)(A), a child shall not be determined to be a child with a disability if the determinant factor for such determination is_ ``(A) lack of scientifically based instruction in reading; ``(B) lack of instruction in mathematics; or ``(C) limited English proficiency. |
`(5) SPECIAL RULE FOR ELIGIBILITY DETERMINATION- In making a determination of eligibility under paragraph (4)(A), a child shall not be determined to be a child with a disability if the determinant factor for such determination is-- `(A) lack of scientifically based instruction practices and programs that contain the essential components of reading instruction (as that term is defined in section 1208(3) of the Elementary and Secondary Education Act of 1965); `(B) lack of instruction in math; or `(C) limited English proficiency. |
(5) SPECIAL RULE FOR ELIGIBILITY DETERMINATION- In making a determination of eligibility under paragraph (4)(A), a child shall not be determined to be a child with a disability if the determinant factor for such determination is lack of instruction in reading or math or limited English proficiency. |
``(6) Specific learning disabilities._ ``(A) In general._Notwithstanding section 607, when determining whether a child has a specific learning disability as defined in section 602, a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning. |
`(6) SPECIFIC LEARNING DISABILITIES- `(A) IN GENERAL- Notwithstanding section 607 of this Act, when determining whether a child has a specific learning disability as defined under this Act, the local educational agency shall not be required to take into consideration whether the child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning. |
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``(B) Additional authority._In determining whether a child has a specific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research-based intervention. |
`(B) ADDITIONAL AUTHORITY- In determining whether a child has a specific learning disability, a local educational agency may use a process which determines if a child responds to scientific, research-based intervention. |
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``(c) Additional Requirements for Evaluation and Reevaluations._ ``(1) Review of existing evaluation data._As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the IEP Team described in subsection (d)(1)(B) and other qualified professionals, as appropriate, shall_ |
`(c) ADDITIONAL REQUIREMENTS FOR EVALUATION AND REEVALUATIONS- `(1) REVIEW OF EXISTING EVALUATION DATA- As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the IEP Team described in subsection (d)(1)(B) and other qualified professionals, as appropriate, shall-- |
(c) ADDITIONAL REQUIREMENTS FOR EVALUATION AND REEVALUATIONS- (1) REVIEW OF EXISTING EVALUATION DATA- As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the IEP Team described in subsection (d)(1)(B) and other qualified professionals, as appropriate, shall -- |
``(A) review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based assessments, and observations, and teacher and related services providers observations; and ``(B) on the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine_ ``(i) whether the child has a particular category of disability, as described in section 602(3), or, in case of a reevaluation of a child, whether the child continues to have such a disability; ``(ii) the present levels of performance and educational needs of the child; ``(iii) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and ``(iv) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general curriculum. |
`(A) review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based local or State assessments, and classroom-based observations, and teacher and related services providers observations; and `(B) on the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine-- `(i) whether the child is a child with a disability as defined in section 602(3), and the educational needs of the child, or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs; `(ii) the present levels of academic achievement and related developmental needs of the child; `(iii) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and `(iv) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general education curriculum. |
(A) review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based assessments and observations, and teacher and related services providers observation; and (B) on the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine -- (i) whether the child has a particular category of disability, as described in section 602(3), or, in case of a reevaluation of a child, whether the child continues to have such a disability; (ii) the present levels of performance and educational needs of the child; (iii) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and (iv) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general curriculum.
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``(2) Source of data._The local educational agency shall administer such tests and other evaluation materials as may be needed to produce the data identified by the IEP Team under paragraph (1)(B). |
`(2) SOURCE OF DATA- The local educational agency shall administer such assessments and other evaluation measures as may be needed to produce the data identified by the IEP Team under paragraph (1)(B). |
(2) SOURCE OF DATA- The local educational agency shall administer such tests and other evaluation materials as may be needed to produce the data identified by the IEP Team under paragraph (1)(B). |
``(3) Parental consent._Each local educational agency shall obtain informed parental consent, in accordance with subsection (a)(1)(D), prior to conducting any reevaluation of a child with a disability, except that such informed parental consent need not be obtained if the local educational agency can demonstrate that the local educational agency had taken reasonable measures to obtain such consent and the child's parent has failed to respond. |
`(3) PARENTAL CONSENT- Each local educational agency shall obtain informed parental consent, in accordance with subsection (a)(1)(D), prior to conducting any reevaluation of a child with a disability, except that such informed parental consent need not be obtained if the local educational agency can demonstrate that it had taken reasonable measures to obtain such consent and the child's parent has failed to respond. |
(3) PARENTAL CONSENT- Each local educational agency shall obtain informed parental consent, in accordance with subsection (a)(1)(C), prior to conducting any reevaluation of a child with a disability, except that such informed parent consent need not be obtained if the local educational agency can demonstrate that it had taken reasonable measures to obtain such consent and the child's parent has failed to respond. |
``(4) Requirements if additional data are not needed._If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child is or continues to be a child with a disability the local educational agency_ ``(A) shall notify the child's parents of_ ``(i) that determination and the reasons for the determination; and ``(ii) the right of such parents to request an assessment to determine whether the child is or continues to be a child with a disability; and ``(B) shall not be required to conduct such an assessment unless requested by the child's parents. |
`(4) REQUIREMENTS IF ADDITIONAL DATA ARE NOT NEEDED- If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability and to determine the child's educational needs, the local educational agency-- `(A) shall notify the child's parents of-- `(i) that determination and the reasons for it; and `(ii) the right of such parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child's educational needs; and `(B) shall not be required to conduct such an assessment unless requested to by the child's parents. |
(4) REQUIREMENTS IF ADDITIONAL DATA ARE NOT NEEDED- If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability, the local educational agency -- (A) shall notify the child's parents of -- (i) that determination and the reasons for it; and (ii) the right of such parents to request an assessment to determine whether the child continues to be a child with a disability; and (B) shall not be required to conduct such an assessment unless requested to by the child's parents. |
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``(5) Evaluations before change in eligibility._ ``(A) In general._Except as provided in subparagraph (B), a local educational agency shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability. ``(B) Exception._ ``(i) In general._The evaluation described in subparagraph (A) shall not be required before the termination of a child's eligibility under this part due to graduation from secondary school with a regular diploma, or to exceeding the age eligibility for a free appropriate public education under State law. ``(ii) Summary of performance._For a child whose eligibility under this part terminates under circumstances described in clause (i), a local educational agency shall provide the child with a summary of the child's academic achievement and functional performance, which shall include any further recommendations on how to assist the child in meeting the child's postsecondary goals. |
`(5) EVALUATIONS BEFORE CHANGE IN ELIGIBILITY- A local educational agency shall evaluate a child with a disability in accordance with this section prior to graduation, and before determining that the child is no longer a child with a disability, only in instances where the IEP Team is not in agreement regarding the change in eligibility. |
(5) EVALUATIONS BEFORE CHANGE IN ELIGIBILITY- A local educational agency shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability. |